Notable Cases

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Covington Specialty Insurance Co. v. USAI, L.P., Civ. A. No. 3:18-CV-3271-N, 2020 WL 2132598 (N.D. Tex. May 4, 2020) (holding that the insurer failed to establish the applicability of the “auto” exclusion in a CGL policy to negate its duty to defend an insured for liability claims arising out of a drowning incident in a creek adjacent to the insured’s property)

Mid-Continent Casualty Co. v. Petroleum Solutions, Inc., 917 F.3d 352 (5th Cir. 2019) (holding that the cooperation clause in a CGL policy does not apply to affirmative claim and further holding that generic reservation of rights letters may not be sufficient to reserve rights)

Greystone Multi-Family Builders, Inc. v. Gemini Insurance Co., Civ. A. No. H-17-921, 2018 WL 1579477 (S.D. Tex. Mar. 30, 2018) (finding that an insurer beached its duty to defend and violated the Texas Prompt Payment of Claims Act when it erroneously claimed that the allegations against its insured did not involve “property damage” caused by an “occurrence” and that, even if they did, exclusions j.(5), j.(6), m. and a “Fungus or Spore” exclusion applied to negate coverage)

Great American Insurance Co. v. Hamel, 525 S.W.3d 655 (Tex. 2017) (finding that an insured properly assigned its claims against its insurer to third-party judgment creditors under the test set forth in State Farm Fire & Casualty Co. v. Gandy and setting new standards for the fully adversarial trial requirement)

Ewing Construction Co., Inc. v. Amerisure Insurance Co., 420 S.W.3d 30 (Tex. 2014) (finding that allegations that a general contractor failed to perform its work in a good and workmanlike manner that results in “property damage” caused by an “occurrence” does not fall within the “contractual liability” exclusion of a standard-form CGL policy)

Mid-Continent Casualty Co. v. Academy Development, Inc., 2010 WL 3489355 (S.D. Tex. Aug. 24, 2010) (finding that allegations of diminution of value of homes because of leaking lakes sufficiently alleged "property damage" under a standard CGL policy and that insured was entitled to select single policy year to provide complete defense), aff'd, 476 F. App'x 316 (5th Cir. 2012).

Interstate Fire & Casualty Co. v. Southern Tank Leasing, Inc., et al., 2012 WL 1231738 (S.D. Tex. Apr. 12, 2012) (finding CGL carrier had a duty to defend despite auto exclusion)

Pendergest-Holt, et al. v. Certain Underwriters at Lloyd's of London, 681 F. Supp. 2d 816 (S.D. Tex.), aff'd and modified in part, 600 F. 3d 562 (5th Cir. 2010) (preliminary injunction against Underwriters in connection with D&O coverage)

Harleysville Lake States Ins. Co. v. Granite Ridge Builders, Inc., 2009 WL 857412 (N.D. Ind. Mar. 31, 2009) (holding insurer was estopped from raising coverage defenses because of a failure to properly reserve rights)

Middlesex Ins. Co. v. PBC Operations, L.P., 2009 WL 3756842 (W.D. Tex Nov. 5, 2009) (holding that insurer had a duty to defend against trade dress infringement claims and further holding that "first publication" exclusion did not apply)

Lamar Homes, Inc. v. Mid-Continent Cas. Co., 242 S.W.3d 1 (Tex. 2007) (answering certified questions in favor of policyholder on "property damage" and "occurrence" issues as well as the "prompt payment of claims" act)

Boss Management Services, Inc. v. Acceptance Ins. Co., 2007 WL 2752700 (S.D. Tex. Sept. 19, 2007) (finding multiple insurers triggered for duty to defend purposes)

Archon Investments, Inc. v. Great American Ins. Co., 174 S.W.3d 334 (Tex. App.—Houston [1st Dist.] Aug 25, 2005, pet denied.) (holding insurer breached the duty to defend against allegations of defective workmanship)

Global Sun Pools, Inc. v. Burlington Ins. Co., 2004 WL 878283 (Tex. App.–Dallas Apr. 26, 2004, no pet.) (finding in favor of additional insured status based on "eight corners" rule)

Luxury Living, Inc. v. Mid-Continent Cas. Co., 2003 WL 22116202 (S.D. Tex. Sept. 10, 2003) (holding insurer breached duty to defend and violated the Texas Insurance Code)

Mt. Hawley Ins. Co. v. Steve Roberts Custom Builders, Inc., 215 F. Supp. 2d 783 (E.D. Tex. 2002) (holding insurer breached duty to defend and, in doing so, violated article 21.55 of the Texas Insurance Code)