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Covington Specialty Insurance Co. v. USAI LP

Court: 5th Cir  10/20/2021  Fifth Circuit Holds Auto Exclusion Does Not Preclude Duty to Defend Claims Involving Vehicle Swept Away By Flood

The Fifth Circuit rejected commercial general liability insurer's arguments that policy's auto exclusion applied to preclude duty to defend insured property owner from claims of estate of security guard that died in a sudden flood who was "sitting post" in his vehicle, finding insurer failed to meet burden that decedent's injuries resulted from the "use" of his vehicle, and finding insurer's argument that court should apply "but for" causation analysis "tenuous at best."

commercial general liability policy, duty to defend, auto exclusion, use of vehicle, flood, producing cause, but for cause, summary judgment, de novo

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