a continuing claim form to be filed such that Enterprise was unable to assess whether she had a continuing disability. In her response to Enterprise’s motion, Hudspeth argued that the policy was misleading in not disclosing that the policy could be cancelled for not submitting continuation forms and in representing that the policy provided a “one year cure period for failing to submit the monthly continuation forms.” 1. Applicable Law Texas law recognizes a duty of good faith and fair dealing in the insurance context. Arnold v. Nat’l Cnty. Mut. Fire Ins. Co., 725 S.W.2d 165, 167 (Tex.1987). The duty arises from the special relationship that is created by the contract between the insurer and the insured. Id.; see also Viles v. Security Nat’l Ins. Co., 788 S.W.2d 566, 567 (Tex.1990) (<HOLDING>). A claim for breach of the duty of good faith
holding that an obligation imposed by statute cannot form the basis for a statutory employer relationship recognizing the existence of the special relationship recognizing that the duty arises not from the terms of the insurance contract but from an obligation imposed in law as a result of the special relationship holding that afteracquired evidence may completely bar a claim for breach of the employment contract because the employers duty arises from the contract itself and falls with that contract holding that an insurers duty to defend arises from the allegations in the complaint against the insured