Texas “your work” exclusion
In American Home Assurance Co. v. Cat Tech, L.L.C., No. 10-20499 (5th Cir. Oct. 5, 2011), claimant Ergon hired insured Cat Tech to perform service on a reactor at Ergon’s refinery. During a start-up of ....
Category: Texas
Texas excess insurer indemnity reimbursement from primary insurer.
In Colony Ins. Co. v. Peachtree Construction, Ltd., No. 09-11106 (5th Cir. July 19, 2011), Peachtree was the general contractor for a highway paving project. Peachtree subcontracted with CrossRoads for signs, barricades and warning devices. ....
Texas contractual liability exclusion
In Ewing Construction Co., Inc. v. Amerisure Ins. Co., No. C-10-256 (S.D. Tex. April 28, 2011), insured Ewing was the general contractor for an athletic facility constructed for a school district. The school district sued ....
Texas co-insurer recovery of defense costs and indemnity
In Maryland Casualty Co. v. Acceptance Indem. Ins. Co., No. 10-50283 (5th Cir. April 25, 2011), insured contractor Guidry built a swimming pool for McGee. During the several years after completion, several leaks and a ....
Texas exclusions j(5) and j(6).
In Evanston Ins. Co. v. D&L Masonry of Lubbock, Inc., No. 07-10-00358-CV (Tex. Ct. App. April 18, 2011), insured masonry subcontractor D&L sued its CGL insurer Evanston to recover costs incurred by D&L for the ....
Texas covered versus uncovered allocation and “legally obligated to pay.”
In Markel American Ins. Co. v. Lennar Corp., No. 14-10-00008-CV (Tex. Ct. App. April 19, 2011), insured homebuilder Lennar filed suit against its insurer Markel seeking recovery of costs incurred by Lennar to repair water damage to homes resulting from defective EIFS ....
Texas res judicata and co-insurer defense costs contribution
In Truck Ins. Exchange v. Mid-Continent Casualty Co., No. 03-08-00526-CV (Tex. App. 3d Aug. 27, 2010), insured contractor DCI was sued by the project owner seeking damages for defective construction. DCI tendered its defense to ....
Texas trigger and exclusion l.
In VRV Development L.P. v. Mid-Continent Cas. Co., No. 10-10123 (5th Cir. Jan. 7, 2011), claimant Goodman hired insured VRV to develop residential lots. VRV in turn hired subcontractors to design and construct retaining walls ....
Texas exclusion j(5) for on-going operations only, and exclusion j(6) for “that particular part” only
In Mid-Continent Casualty Co. v. JHP Development, Inc., No. 05-50796 (5th Cir. Jan. 28, 2009), insured JHP was the general contractor for a condominium project. As called for in the contract, JHP completed the model ....
Texas “property damage” caused by an “occurrence,” trigger, duty to defend, and allocation
In Landstar Homes Dallas, Ltd. v. Mid-Continent Casualty Co., No. 3:10-CV-0014-K (N.D. Tex. Dec. 13, 2010), insured homebuilder Landstar was sued by Cameron, a purchaser of a Landstar home, for negligence, breach of contract, and ....