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Mesa Underwriters Specialty Insurance Co. v. Gonzales Plumbing Co.

Court: WD Tx  04/13/2020  Magistrate Denies Insurer's Motion for Summary Judgment on Duty to Defend

A Magistrate of the Western District of Texas denied a commercial general liability insurer's motion for summary judgment on its duty to defend a pipe installer for claims by the pipe manufacturer, finding the residential construction exclusions in the pertinent policies, which did not apply to developments that did not exceed ten homes, did not clearly apply to preclude the duty to defend the pipe installer because the allegations did not describe the size of the subdivisions involved in the lawsuit, and, thus, under the eight-corners rule, it was reasonable to conclude that some of the homes at issue were in smaller developments.

commercial general liability policy, residential construction exclusion, exception to exclusion, duty to defend, eight corners rule, motion for summary judgment, all reasonable inferences in favor of insured

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