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Century Surety Co. v. Club Adventure Learning Center LLC

Court: WD Tx  05/22/2023  Court Declines to Consider Extrinsic Evidence in Dispute Over Duty to Defend

A court of the Western District of Texas denied an insurer's motion for summary judgment regarding its duties under a general liability policy, declining to consider extrinsic evidence where there is no evidence of collusion between the parties in the underlying case and holding that there is no gap in the underlying suit's live pleading alleging only negligence where the policy's undefined and ambiguous term "physical abuse" should be read to apply only to allegations of intentional, knowing, or reckless misconduct.

commercial general liability policy, physical abuse endorsement, duty to defend, duty to indemnify, declaratory judgment, eight-corners rule, artful pleading, collusion, canon of surplusage,

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