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Amerisure Insurance Co. v. Thermacor Process, Inc.

Court: ND Tx  03/19/2021  Cross Motions to Dismiss on Duties to Defend and Indemnify Denied

A court of the Northern District of Texas denied cross motions to dismiss by a commercial liability insurer and its insured on duties to defend and indemnify an insured supplier of a pipe system, finding the duties to defend and indemnify were both justiciable while the underlying lawsuit was pending.

commercial general liability, duty to defend, duty to indemnify, motion to dismiss, justiciability, FRCP 12(b)(6), occurrence, rip and tear

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