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Texas Mutual Insurance Co. v. Kinsale Insurance Co.

Court: WD Tx  11/20/2019  District Court Grants Texas Mutual's Motion to Dismiss Following CGL Insurer's Acceptance of Defense Obligation

The court determined that a live controversy no longer existed because the CGL insurer's acceptance of its defense obligation mooted the parties' dispute. The CGL insurer's proposed amended answer and counterclaims was directed at its insured and not the worker's compensation insurer, so that could not serve to preserve the court's jurisdiction.

worker's compensation and employer's liability insurance policy, commercial general liability insurance policy, duty to defend, voluntary payment of benefits, waiver, estoppel, independent contractors exclusion, employer's liability exclusion, worker's compensation exclusion, motion to dismiss, lack of justiciable controversy, FRCP 41(a)(2), ripeness

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