Windmere Oaks Water Supply Corp. v. Allied World Specialty Insurance Co.

Court: WD Tx  02/08/2022  Magistrate Recommends that Insureds Prevail on Cross-Motions For Summary Judgment on Duty to Defend

A magistrate of the Western District of Texas recommended that the district court grant the insured's and deny the insurer's motions for partial summary judgment regarding the duty to defend, rejecting the insurer's argument concerning applicability of the contractual liability, criminal acts, and violation of law exclusions, and further recommending that the district court find the insurer liable under the Prompt Payment of Claims Act as a matter of law.

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"criminal acts" exclusionviolation of law exclusionpublic officials and management liability policyduty to defendeight corners ruleduty to indemnifyprompt payment of claims actdeclaratory reliefcontractual liability exclusion

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