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Kinsale Insurance Co. v. Flyin’ Diesel Performance & Offroad, LLC

Court: WD Tx  03/31/2023   Ambiguity in Commercial Liability Policy Construed in Insured's Favor

A court of the Western District of Texas resolved cross-motions for summary judgment in the insured's favor under a commercial general liability policy, holding that an ambiguity existed in the policy where an endorsement provided coverage for a designated racing event but other simultaneously created endorsements excluded coverage for the racing event.

commercial general liability policy, illusory coverage doctrine, eight-corners rule, duty to defend, duty to indemnify, coverage for designated events endorsement, traffic control exclusion, use of auto exclusion, athletic and sporting events exclusion, seating grandstands and bleachers exclusion, motorized vehicles exclusion, ambiguity,

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