A court of the Northern District of Texas denied an insurer's motion for summary judgment on the its claims for declaratory judgment regarding its duties to defend and indemnify, holding that facts alleged in the underlying action did not fall within any policy exclusion and that the court could not review extrinsic evidence where the insurer first raised allegations of collusive fraud in its reply, further dismissed without prejudice the insurer's claim for declaratory judgment regarding its duty to indemnify for lack of justiciability, and sua sponte "moved" for summary judgment that insurer owed duty to defend.
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