The issues are (1) whether an insurer has a reimbursement right from an insured for payment prompted by the insured's misrepresentations; (2) whether the insurer may get reimbursement from uninsured third parties that indirectly benefited from proceeds paid to the insured under the factual mistake; and (3) whether the law-of-the-case doctrine precludes the court of appeals' reconsideration of liability. In this case Gotham Insurance sued to recover proceeds it paid for losses its insured said resulted from a well-head blowout and fire. But Gotham determined that the losses were not covered by its policy and that its insured did not suffer a legal loss. In a third appeal, the court of appeals held that Gotham's reimbursement was barred under the Court's holdings in Texas Association of Counties v. Matagorda County and Excess Underwriters v. Frank's Casing.

The issues are (1) whether the appeals court applied the correct standard to determine the executive mineral-rights-holder breached its executive duty and (2) whether, and under what circumstances, a non-executive may force the executive to lease the executive's own mineral rights.