Legal Opinion

Carolina Casualty Insurance v. Sowell

District Court, N.D. Texas

Decided February 17, 2009No. Civil Action 3:07-CV-1783-DPublishedCited by 60 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, Chief Judge.

In this insurance coverage dispute, the court must decide on the parties’ cross-motions for summary judgment whether the insurer, plaintiff-counterdefendant Carolina Casualty Insurance Co. (“Carolina”), has a duty under a management liability insurance policy (the “Policy”) to defend four underlying lawsuits (the “Underlying Lawsuits”). This question turns on whether three Policy exclusions bar coverage. Concluding that Carolina has established beyond peradventure that it has neither a duty to defend nor a duty to indemnify in the…

2Cases cited29 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Little v. Liquid Air Corp.Court of Appeals for the Fifth Circuit · 1994
  4. Marian Fontenot, Etc. v. The Upjohn CompanyCourt of Appeals for the Fifth Circuit · 1986
  5. National Union Fire Insurance Co. of Pittsburgh v. Merchants Fast Motor Lines, Inc.Texas Supreme Court · 1997

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3Cited by60 opinions

  1. Goforit Entertainment, LLC v. Digimedia.Com L.P.District Court, N.D. Texas · 2010
  2. Bennett v. Dallas Independent School DistrictDistrict Court, N.D. Texas · 2013
  3. Hall Arts Ctr. Office, LLC v. Hanover Ins. Co.District Court, N.D. Texas · 2018
  4. Inclusive Communities Project, Inc. v. Texas Department of Housing & Community AffairsDistrict Court, N.D. Texas · 2010
  5. Carmack v. Park Cities Healthcare, LLCDistrict Court, N.D. Texas · 2018

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