Fifth Circuit -- Mid-Continent Casualty Co. v. Eland Energy Inc.

Insurer does not breach duty of good faith and fair dealing by settling third party claims on the side to the limit of coverage, despite contractual duty to defend.

Choice of law assigned under interest analysis. Texas wins.

Misrepresentations were not a 'producing cause' of the allegedly tortious settlement offers.

Mid-Continent Casualty Co. v. Eland Energy Inc., e