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Everest National Insurance Co. v. Megasand Enterprises, Inc.

Court: SD Tx  02/05/2021  Judge Hanen Denies Motion to Dismiss in Duty to Defend Dispute

The court determined that, under Rule 12(b)(7), the underlying claimants were not indispensable parties and, in any event, had already agreed to be bound by any judgment of the court pertaining to the coverage dispute.

commercial general liability insurance policy, duty to defend, duty to indemnify, motion to dismiss, Rule 12(b)(7), indispensable parties, underlying claimants, diversity jurisdiction

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