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Zurich American Insurance Co. v. The Burlington Northern and Santa Fe Railway Co.

Court: Tx 2-Ft Worth  03/13/2025  Summary Judgment in Favor of Insured Affirmed on Duty to Defend, Number of Occurrences, and No Right to Recoup Defense Costs

In insurance coverage dispute arising out of claims of bodily injury from exposure to asbestos-contaminated vermiculite from BNSF's operations at loading facility, the appellate court held that summary judgment evidence established duty to defend under premises-operations coverage and did not conclusively establish applicability of completed-operations exclusion, further holding trial court also correctly determined that there was a single accident or occurrence using the cause test applied by Texas courts, and Zurich failed to meet its burden to establish a right to recoup defense costs.

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