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Hudson Insurance Co. v. Alamo Crude Oil, LLC

Court: WD Tx  07/24/2019  District Court Considers Extrinsic Evidence, Grants Insurer's Summary Judgment that No Duty to Defend Exists

The court found that the conclusory pleading allegations in the underlying lawsuit made it impossible to discern whether coverage potentially was implicated and the parties' stipulated facts did not overlap with the merits of the underlying lawsuit; therefore, the court considered the extrinsic evidence and determined that the business-use exclusion barred coverage.

non-trucking liability insurance policy, duty to defend, eight corners rule, extrinsic evidence exception, fundamental issue of coverage, business-use exclusion

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