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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.

commercial general liability policy, motion to dismiss, failure to state a claim, duty to defend, duty to indemnify, suit, alternate dispute resolution, bad faith, Tex. Ins. Code Ch. 541, declaratory relief

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