Spec’s Family Partners, Ltd. v. The Hanover Insurance Co. – Insurance Law Section of the State Bar of Texas

Court: 5th Cir 06/25/2018 Fifth Circuit Reverses and Remands District Court's Dismissal of Insured's Claims following Motion for Judgment on the Pleadings

Appellate court finds that district court failed to view the allegations in demand letters against the insured in a light most favorable to the insured and, in doing so, ignored allegations of non-contractual claims potentially triggering the duty to defend.

Reviewing the Case Document is for members only. Please login

judgment on the pleadings liability in the absence of the contract Loss liberal construction contract demand letters agreement affirmative claims de novo claim private company management liability policy corporate entity liability liability under contract duty to defend written or oral exception Rule 12(b)(c)

Username

Password

Remember me


Forgot Password?
Join Us