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Mid-Continent Casualty Co. v. Petroleum Solutions, Inc.

Court: 5th Cir  02/26/2019  Fifth Circuit Rejects Broad Application of Cooperation Clause, Finds Coverage for Underlying Judgment as "Money Damages"

The Fifth Circuit refuses to endorse district court's application of the cooperation clause to an insured's affirmative claim, but finds in any event that the "reasonable and justified" standard in the jury instruction was correct. Moreover, the court found that the Professional Liability Endorsement provided coverage for the full underlying judgment as "Money Damages" and that judgment was not excluded as being caused by or at the direction of the insured.

commercial general liability insurance policy, duty to indemnify, cooperation clause, waiver, money damages, attorneys' fees, Professional Liability Endorsement

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