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FCCI Insurance Co. v. Easy Mix Concrete Services, Inc.

Court: WD Tx  05/07/2024  Court Grants Insured's Motion to Dismiss or in the Alternative Stay Certain Claims

Where insurer sought a declaration that it had no duty to defend or indemnify yet-to-be filed suits related to ASR that it claimed were precluded by the policies' silica exclusion, the court found that the issues of defense and indemnity were premature because a plaintiff could allege both covered and excluded causes of loss, and the actual facts may establish the same.

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