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Moreno v. Sentinel Insurance Co., Ltd.

Court: 5th Cir  06/02/2022  Fifth Circuit Applies Long-Established Texas Law on Insured's Obligation to Request Defense

The Fifth Circuit Court of Appeals, relying on Texas Supreme Court authority from 2008, 1995, and 1978, held that a commercial general liability insurer had no duty to defend its insured where the insured failed to comply with the policy's Duties In The Event of Occurrence, Offense, Claim or Suit provision, even though insurer had knowledge of lawsuit against insured, and further held that the district court correctly concluded that the judgment against insured was prejudicial to the insurer as a matter of law, and thus the insurer likewise owed no duty to indemnify.

business owner's policy, notice, prejudice, tender of defense, demand for defense and indemnity, Duties In The Event of Occurrence, Offense, Claim or Suit, prejudice as a matter of law, agreed judgment

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