Liberty Mutual Insurance v. Graham

W. EUGENE DAVIS, Circuit Judge:

In this diversity case, the Appellant, Paul M. Graham (“Graham”), appeals the district court’s grant of summary judgment declaring that Appellee, Liberty Mutual Insurance Company (“Liberty”), has no duty to defend or indemnify him under the omnibus clause of the insurance policy issued by Liberty to Graham’s employer, Eagle Contracting, L.P. (“Eagle”), covering Eagle’s vehicles.

On appeal, Graham argues that the district court improperly considered extrinsic evidence to defeat Liberty’s duty to defend in violation of Texas’s eight-corners rule. Because we agree,…