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Ace American Insurance Co. v. River Sub, LLC

Court: WD Tx  11/13/2023  Court Resolves Competing Motions Regarding an Occupational Accident Policy

A court of the Western District of Texas resolved competing motions on the pleadings regarding whether an insurer must indemnify its insured under an occupational accident policy's personal animosity exception, denying the insured's motion to dismiss and the insurer's motion for judgment on the pleadings without prejudice to refile as motions for summary judgment where dispositive issues regarding the applicability of the personal animosity exception have not been properly briefed, but granting the insurer's motion to dismiss the insured's counterclaims for misrepresentation of the policy because the insured had a duty to read its policy and that its pleadings are conclusory.

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