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BITCO General Insurance Co. v. Monroe Guaranty Insurance Co.

Court: 5th Cir  04/12/2022  Fifth Circuit Resolves the Remainder of BITCO v. Monroe, Finds Exclusions Do Not Preclude Duty to Defend

After the Texas Supreme Court answered certified questions recognizing a limited exception to the eight-corners rule, but finding it did not apply to the facts at issue, the Fifth Circuit resolved the remainder of the duty to defend dispute, finding exclusions applicable to property damage to "that particular part" of property the insured was "performing operations" or which "must be restored or replaced because 'your work' was incorrectly performed on it" did not apply to preclude coverage for all damage alleged where damage to the Edwards Acquirer was alleged in addition to the damaged well.

commercial general liablity policy, duty to defend, eight-corners, extrinsic evidence, certified questions, exclusion J(5), exclusion J(6), that particular part, your work, something less than a whole

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