Horizon Offshore Contractors, Inc. v. Aon Risk Services of Texas, Inc.

OPINION

KEM THOMPSON FROST, Justice.

This is an appeal from a summary judgment in favor of an insurance broker who was sued by a marine contractor asserting claims for breach of contract, negligence, negligent misrepresentation, and breach of fiduciary duty. In its summary-judgment motion, the broker asserted it did not owe the contractor a fiduciary duty as a matter of law; however, the broker did not challenge the elements of the contractor’s other three claims. Instead, the broker asserted two affirmative defenses. The broker argued the other claims are barred by the election-of-remedies…