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Acuity, A Mutual Insurance Co. v. Dominguez

Court: ND Tx  10/12/2021  Driver's Injuries Caused By Chasing Runaway Truck Resulted From Use of Auto

A court of the Northern District of Texas held that commercial auto insurer had a duty to defend insured truck owner from claims by truck driver who was injured chasing runaway truck after parking break failed, finding accident "resulting from" "use" of the truck included driver's injuries, obligating insurer to defend truck owner, but held that the duty to indemnify was not yet justiciable where driver's claims were still pending.

commercial auto policy, duty to defend, duty to indemnify, motion for summary judgment, use of auto, resulting from, but-for cause, justiciability

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