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Covington Specialty Insurance Co. v. USAI LP

Court: ND Tx  12/09/2020  Auto Exclusion Did Not Preclude Summary Judgment in Favor of Insureds on Duty to Defend

A court of the Northern District of Texas granted summary judgment in favor of the insureds under a commercial general liability policy, finding the insurer had a duty to defend the property owners from a wrongful death claim resulting from a flood because the insurer did not meet its burden to establish that the auto exclusion applied to preclude coverage for a resulting drowning accident.

commercial general liability policy, duty to defend, auto exclusion, wrongful death, producing cause, but for cause, flood, summary judgment

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