Knife River Corporation – South v. Zurich American Insurance Co.

Court: ND Tx  03/08/2022  District Court Denies Insurers' Motion to Dismiss While Analyzing Eight-Corners Rule And The Texas Anti-Indemnity Statute.

A district court for the Northern District of Texas denied insurers' motion to dismiss, holding that the policies did not violate the Texas Anti-Indemnity Statute; that the underlying lawsuit properly triggered the issue of the insurers' duty to defend and indemnify; and that the Texas direct-action rule did not render plaintiff's claims for declarations regarding insurers' liability unripe.

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ostensible agency doctrineduty to defendeight corners ruleduty to indemnifychoice of lawcommercial general liability policyRule 12(c)commercial umbrella liability policyTexas Anti-Indemnity Actdirect action rule

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