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Benites v. Western World Insurance Co.

Court: WD Tx  07/18/2022  Condominium Owner Does Not Qualify as an Additional Insured Under HOA's CGL Policy

A magistrate for the Western District of Texas recommended granting an insurer's motion for summary judgment, finding that a condominium owner is not an additional insured under an HOA's commercial general liability policy where the injury in the underlying suit occurred on a balcony that is a limited common element reserved for the condominium owner's exclusive use or occupancy.

commercial general liability policy, duty to defend, duty to indemnify, additional insured endorsement, HOA policy, eight-corners rule, limited common element, general common element,

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