Liberty Mutual Fire Insurance Company v. Lexington Insurance Company as Subrogee of DCT Rittiman, LLC

OPINION

Opinion by:

PATRICIA 0. ALVAREZ, Justice.

The sole issue in this appeal is whether an “own, rent, or occupy” exclusion in a commercial general liability policy precludes coverage. Appellant Liberty Mutual Fire Insurance Company’s policy holder damaged a building insured by Appellee Lexington Insurance Company. Lexington covered the loss. As subrogee, Lexington sued Liberty Mutual. Liberty Mutual asserted its insured occupied the premises and the exclusion applied. Both parties moved for summary judgment, the trial court granted Lexington’s motion, and Liberty Mutual appeals. Because we…