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

Court: WD Tx  07/31/2019  District Court Grants Summary Judgment on Duty to Defend Insured for Property Damage Claims Potentially Within Coverage of Commercial General Liability Policy

Applying the eight-corners rule, a Magistrate of the Western District of Texas held that a commercial general liability insurer had a duty to defend a driller of an irrigation well from claims by the landowner, despite vague allegations of the date of any property damage, because the allegations were sufficient to allege potential property damage during the policy period, and any exception to the eight-corners rule to allow consideration of extrinsic evidence did not apply.

commercial general liability insurance policy, property damage, eight-corners rule, potential for coverage, extrinsic evidence exception, business risk exclusions

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