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Covington Specialty Insurance Co. v. USAI LP

Court: ND Tx  05/04/2020  Auto Exclusion Did Not Support Summary Judgment in Favor of Insurer on Duty to Defend

Commercial liability insurer's motion for summary judgment on duty to defend property owner based on application of the policy's auto exclusion was denied, because a court of the Northern District of Texas held that drowning of decedent after his car was swept away in a flood did not clearly establish that his injuries arose out of the use of an auto, and duty to indemnify was not ripe.

commercial general liability policy, auto exclusion, producing cause, flood, motion for summary judgment, duty to defend, duty to indemnify, ripeness

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