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Amerisure Mutual Insurance Co. v. McMillin Texas Home, LLC

Court: WD Tx  03/08/2022  Court Grants In Part And Denies In Part Insurer's Motion For Summary Judgment In CGL Coverage Dispute

A court of the Western District of Texas denied a commercial general liability insurer's motion for summary judgment holding insurer is obligated to defend contractor from numerous defective residential construction claims where the claims alleged property damage to homes, no exclusions applied, and that the insurer's duty to indemnify is not justiciable, but granted the motion in part that insurer owed no duty to defend Residential Construction Liability Act demands that were not yet claims.

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