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Certain Underwriters at Lloyd’s, London v. Keystone Development, LLC

Court: ND Tx  10/07/2022  Court Again Declines to Exercise Monroe Exception

Following prior denial of insurer's motion for summary judgment, a court of the Northern District of Texas denied the commercial general liability insurer's motion for reconsideration and granted the Court's sua sponte motion for summary judgment and dismissed the insurer's declaratory action regarding its duties to defend and indemnify where facts alleged in the underlying action did not fall within any policy exclusion and insurer's claim for declaratory judgment regarding its duty to indemnify lacked justiciability.

commercial liability policy, duty to defend, duty to indemnify, collusive fraud, sua sponte motion for summary judgment, policy exclusion, justiciability

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