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CBX Resources, L.L.C. v. ACE American Insurance Co.

Court: 5th Cir  05/12/2020  Fifth Circuit Dismisses Appeal and Refuses "Finality Trap" Exception in Duty to Defend Dispute

The court found that the insured's dismissal of its Texas Insurance Code claims following its loss on the duty to defend did not create an appealable judgment because it did not obtain a final judgment on all the claims in the case. The district court did not umistakably intend to issue a partial final judgment under Rule 54(b) that might confer appellate jurisdiction.

general liability insurance policy, duty to defend, Texas Insurance Code, extra-contractual claims, finality trap, dismissal without prejudice, res judicata, Rule 41(a), voluntary dismissal, Rule 54(b)

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