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Peerless Indemnity Insurance Co. v. Utica Mutual Insurance Co.

Court: SD Tx  07/12/2023  Court Grants Insurer's Motion for Summary Judgment Regarding Whether Separate Insurer's Obligations Are Primary

A court of the Southern District of Texas granted an insurer's motion for summary judgment regarding a separate insurer's primary obligations to indemnify and defend additional insureds involved in the wreck of a leased vehicle, holding that the lease's requirement that the separate insurer's named insured list the lessor of the vehicle as an additional insured is not a condition precedent to the lease, and that at the least, the lessor of the vehicle had implied permission to use the vehicle under Texas law, thus meeting the policy's definition of an insured.

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