Notable Cases

home   »   notable cases

Ewing Construction Co., Inc. v. Amerisure Insurance Co., 420 S.W.3d 30 (Tex. Jan. 17, 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)