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Aggreko, LLC v. Chartis Specialty Insurance Co.

Court: 5th Cir  11/11/2019  Fifth Circuit Affirms District Court in Finding Primary Insurer Properly Exhausted Its Policy Limits in Exchange for a Covenant not to Execute against Its Insured

The court analyzed the issue under both Texas and Louisiana law, finding no conflict existed and that the Supreme Court of Texas would find that the insurer paid its policy limit properly in settlement even though the insured's tort liability was not released.

commercial general liability insurance policy, excess liability insurance policy, additional insured, settlement, covenant not to execute, release, duty to defend, exhaustion, choice of law

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