SDV recently obtained a favorable ruling in a Texas state appellate court which highlights how savvy litigation strategy can lead to positive results. The case involved a dispute between a charter airline and its insurers concerning coverage for an employee’s suit. The trial court denied the CGL insurer’s motion for summary judgment on the duty to defend, and the insurer appealed. Following extensive briefing, the appellate court denied the appeal in light of state-specific procedural rules. The policyholder thus obtained the continuing benefit of defense from the insurer until the parties resolved the underlying claim. The decision emphasizes how close analysis of local procedural rules may beneficially impact a policyholder’s pursuit of coverage from its insurers.
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