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Great American Lloyds Insurance Co. v. Vines-Herrin Custom Homes, L.L.C.

Court: Tx 5-Dallas  01/09/2020  In Third Appeal, Court Affirms Allocation of Indemnity Obligation based on Insurers' Time on the Risk and Upholds Award of Attorneys' Fees

The appellate court determined that the insurers' failure to participate in the defense of the insured in the underlying liability arbitration, where neither party had an obligation to establish the amount of damages suffered in each policy period, meant that legally and factually sufficient evidence existed to support the trial court's allocation of such damages on a time-on-the-risk basis. The court further found that the evidence of the insured's attorneys' fees and expenses was legally sufficient to support the award, but the insured was not entitled to additional fees incurred on remand because the request and proof for such fees was too late.

general liability insurance, duty to indemnify, indemnification, pro rata allocation, time on the risk, attorneys' fees

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