Auto Exclusion Applied to All Claims of Negligence, Including Antecedent Negligence and Negligent Entrustment and Hiring

more+
less-

U.S. District Court for the Southern District of Texas

In Associated Marine & Indus. Staffing, Inc. v. Liberty Surplus Ins. Corp., 2010 WL 3984503 (S.D. Tex. Oct. 8, 2010), the federal district court granted summary judgment in favor of Liberty Surplus, finding that it had no duty to defend or indemnify its insured for claims arising out of an automobile accident involving the insured's employee.

Liberty Surplus issued a general liability policy to Associated Marine that was in effect on the date that an Associated Marine employee was involved in an auto accident with a third party. Associated Marine sought defense and indemnity from Liberty Surplus for the claims asserted in the lawsuit filed by the injured third party. Liberty Surplus declined the tender of the claim pursuant to the policy's auto exclusion, and Associated Marine sued for breach of contract and violations of the Texas Deceptive Trade Practices Act and Insurance Code.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sedgwick LLP | Attorney Advertising

Written by:

more+
less-

Sedgwick LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×