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.

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duty to indemnifyambiguitycommercial general liability policyillusory coverage doctrinecoverage for designated events endorsementtraffic control exclusionuse of auto exclusionathletic and sporting events exclusionseating grandstands and bleachers exclusionduty to defendmotorized vehicles exclusioneight corners rule

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