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BPX Production Co. v. Certain Underwriters at Lloyd’s London

Court: SD Tx  01/03/2023  No Duty to Defend or Indemnify Insured for Damages Resulting From Pre-Lawsuit Contractual ADR Proceedings

A magistrate for the Southern District of Texas granted commercial general liability insurer's motion to dismiss, holding that while contractual pre-lawsuit alternative dispute resolution proceeding qualified as a "suit" under dictionary definition, the insurer did not not consent to such proceedings and therefore had no duty to defend or indemnify insured for damages stemming from the ADR proceeding.

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