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Homeland Insurance Co. of New York v. Clinical Pathology Laboratories, Inc.

Court: WD Tx  07/19/2022  Magistrate Recommends Granting in Part Insureds' Motion for Summary Judgment in Medical Providers Professional Liability Policy Dispute

A magistrate of the Western District of Texas recommended granting in part insureds' motion for summary judgment, finding that insurer waived fortuity doctrine defense, that insurer's affirmative defenses of breach of warranty, promissory estoppel, and prior notice exclusion fail as a matter of law, but that material fact issues remain concerning insurer's reformation, prior knowledge exclusion, and misrepresentation defenses.

medical facility and providers professional liability policy, general liability policy, worldwide territory endorsement, employee benefit liability policy, warranty, application, fortuity doctrine, breach of warranty, prior knowledge exclusion, misrepresentation,

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