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Employers Mutual Casualty Co. v. Amerisure Insurance Co.

Court: ED Tx  08/07/2019  District Court Rules that Contractual Indemnity Provision was not Triggered in Bodily Injury Case, so Insurers Owed a Shared Defense to the General Contractor

The court found that an underlying case alleging facts solely against the general contractor and another subcontractor did not trigger an injured employee's employer's contractual duty to defend and indemnify the general contractor because the injury did not arise out of or result from the subcontractor's work and the injured employee's presence did not cause his injuries in whole or in part. Accordingly, insurers for the general contractor and the subcontractor had a shared obligation to defend the general contractor in light of their mutually repugnant "other insurance" provisions.

commercial general liability insurance policy, additional insured, duty to defend, other insurance, mutually repugnant, contractual indemnity, Hardware Dealers, arising out of, resulting from, caused in whole or in part, motion for summary judgment

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