Articles Posted in Commercial Policies

Fort Worth insurance lawyers need to read this opinion issued by the United States Court of Appeals for the Fifth Circuit issued on February 2013. The style of the case is, Canal Indemnity Company v. Rapid Logistics, Incorporated.

Here is some relevant information:

This is an appeal from a declaratory judgment action involving an insurance coverage dispute. Canal Indemnity Company filed suit against its insured, Rapid Logistics, Inc. a trucking company. Canal argued that it did not owe a duty to defend or indemnify Rapid Logistics in a state court negligence lawsuit that stemmed from a tractor-trailer accident. The district court granted Canal’s motion for summary judgment, ruling that Canal had no duty to defend or indemnify Rapid Logistics with respect to the state court action. Finding no reversible error, this court affirmed.

Fort Worth insurance attorneys and those in North Richland Hills, Saginaw, Lake Worth, Benbrook, and other places in Tarrant County should be aware of this legal opinion that was issued in 2002.

The style of the case is, King v. Dallas Fire Insurance Company. It is a Texas Supreme Court opinion. Here are some facts.

In an underlying lawsuit, Greg Jankowiak sued King for injuries he received when one of King’s employees attacked him. In addition to a claim of respondeat superior, Jankowiak also sued King directly for negligent hiring, training, and supervision. In this case, King sought to enforce the duty to defend contained in a commercial liability policy issued by Dallas Fire.

Weatherford insurance attorneys and those in Mineral Wells, Graford, Cool, Springtown and other places in Parker and Palo Pinto County need to know how courts interpret insurance policy disputes.

The United States District Court, Southern District, Houston Division, issued an opinion in June 2012, dealing with this issue. The style of the case is, Texas Renegade Construction Company, Inc. v. Hartford Lloyd’s Insurance Company.

This is a case where the court granted the insurance companies motion for summary judgment. The case is a coverage dispute based on the policy language and the facts of the claim. Here are some of the basic facts:

Grand Prairie insurance attorneys and those in Irving, Fort Worth, Dallas, De Soto, Cedar Hill, Duncanville, and other places in the Dallas – Fort Worth area would want to know about the following case.

This case deals with the issue of notifying the insurance company promptly when a claim arises. The case ruling was issued May 10, 2012, by the Houston Division, Southern District of Texas, United States District Court. The style of the case is, Centaurus GF Champions, LLC D/B/A La Jolla Champions Apartments v. Nutmeg Insurance Company, Scottsdale Insurance Company, Cramer, Johnson Wiggins & Associates, Inc. and Ted W. Allen & Associates, Inc.

Here is some background:

Attorneys in Grand Prairie, Arlington, Fort Worth, and other places in the Dallas – Fort Worth area are paid to argue cases. Here is a case where the reasoning sounds pretty good.

The style of the case is Raymundo Salcedo v. Evanston Insurance Company. The opinion was issued on February 22, 2012, by the United States Court of Appeals, 5th Circuit. The appeal arises from the district court’s grant of summary judgment in favor of Evanston upon a conclusion that Evanston owed no coverage under its commercial general liability (CGL) insurance policy issued to Villegas & Sons, Incorporated (Villegas). Salcedo, the injured claimant, argued on appeal that the district court errred by construing the “auto” exclusion to preclude coverage for the judgment he obtained in state court against Villegas. Here are the facts.

Salcedo is a judgment creditor of Villegas pursuant to a final judgment entered by the 448th District Court of El Paso, Texas, for $1.1 million plus interest. Evanston denied coverage in the state court proceeding based on the “auto” exclusion in its CGL policy.

Business owners in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Millsap, Brock, Hudson Oaks, Willow Park, and other areas of Parker County need to have a good understanding of the coverage provided in their policies.

The United States District Court, Southern District, Houston Division, issued an opinion on December 20, 2011, that dealt with the interpretation of a commercial insurance policy. The style of the case is, H & H Hospitality LLC v. Discover Specialty Insurance Company. The attorney for the business owner had to argue with the attorney for the insurance company as to the correct interpretation of the policy language related to the “business cessation” clause in the policy.

Here is some background.

Customers in Grand Prairie, Arlington, Mansfield, Fort Worth, Hurst, Euless, Bedford, Saginaw, Haslet, Rhome, and other places in Texas would have a hard time trying to read and interpret an insurance policy. This is when the advice of an experienced Insurance Law Attorney is most helpful.

The United States District Court, Southern District of Texas, Houston Division, issued an opinion on October 5, 2011. This opinion deals with policy interpretation. The case arises from a declaratory judgement lawsuit filed by the insurance company, RLI Insurance Company, and the partial motion for summary judgment filed by the insured, Willbros Construction (U.S.) LLC, et al.

The court ruled in favor of the insureds. Her is some factual background.

Grand Prairie, Weatherford, Fort Worth, Dallas, Arlington, and other business people in Texas need to understand what the insurance policy they have purchased covers, and what it does not cover.

The United States District Court, Northern District, Dallas Division, issued an opinion on July 27, 2011, in the case styled, Great American Insurance Company v. AFS/IBEX Financial Services, Inc., that would be interesting for these business people. The Judge in this case is Reed O’Conner. Here is some background.

This case arises out of a dispute over insurance coverage. AFS entered into an agreement with McMahon Sr., the owner of Charles McMahon Insurance Agency, authorizing McMahon Sr. to originate, create, and sign premium fiance agreements on behalf of insureds. AFS sought insurance coverage from Great American Insurance Company (GAIC) to protect it from crime risks. GAIC sold AFS two applicable policies.