Okay, so once upon a time, I’m appearing before a state judge in a hearing to appoint a temporary administrator over someone’s estate so they can request a defense from the decedent’s insurance company in a civil matter, we can have an actual estate to name in the lawsuit, and the decedent’s insurance policy will be on the hook instead of the estate’s property.
We have to do this bc in Texas you cannot directly sue insurance companies. also known as the “no direct action doctrine.”
The judge, who had been an ADA for twenty years before he was on the bench, looks at me and asks “well I just don’t understand why y’all just don’t directly sue the insurance company.” I couldn’t believe what I heard and just managed to say as politely as possible “… because we can’t, your honor, Texas does not allow direct actions against insurance companies…”
I went back and forth with him explaining the doctrine and he just goes “well… I’ll take your motion under advisement and I’ll have to do some research.” Then proceeds to deny our motion within twenty minutes of the hearing.
and this is why it’s bad to elect judges not based on merit.