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The Cincinnati Specialty Underwriters Insurance Co. v. Henry Z Roofing, LLC

Court: ND Tx  05/26/2020  Abstention Doctrine Does Not Support Dismissal of Declaratory Judgment Action on Coverage

Insured roofer under commercial general liability policy was sued in state court for fire damage arising out of roofing work, and, after its insurer filed a declaratory judgment action that it had no duty to defend the insured based on application of the policy's Roof Limitation Endorsement, the insured filed a motion to dismiss under the abstention doctrine, which a court of the Northern District of Texas denied because all of the Trejo factors weighed against abstention.

commercial general liability policy, roof limitation endorsement, house fire, motion to dismiss, abstention doctrine, Trejo factors, Brillhart factors

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