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Mid-Continent Cas. Co. v. Vibrant Builders, LLC

Court: ND Tx  08/21/2024  Court Denies Insurer's Motion for Summary Judgment on the Duty to Defend and Dismisses its Motion for Summary Judgment on the Duty to Indemnify Without Prejudice

A court of the Northern District of Texas rejected insurer's argument that insured had a duty to present extrinsic evidence to trigger the duty to defend, held that the eight-corners rule is the default, and insurer was not entitled to summary judgment where no exclusion precluded the duty to defend, and dismissed the insurer's motion for summary judgment on the duty to indemnify as unripe.

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