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TWG Investments, LTD. v. Higginbotham Insurance Agency, Inc.

Court: Tx 2-Ft Worth  11/27/2024  Judgment for Insurance Agency Reversed

A Texas court of appeals reversed a judgment in favor of a defendant insurance agency's limitations defense where the agency's procurement of an occurrence-based policy following a claims-made policy created a gap in coverage, holding that the trial court erred when it granted the agency's motion for summary judgment on its limitations defense because a fact issue precluded judgment as a matter of law on the insured's equitable estoppel avoidance.

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