Legal Opinion
Duncanville Diagnostic Center, Inc. v. Atlantic Lloyd's Insurance Co. of Texas
Texas Court of Appeals, 11th District (Eastland)
Decided May 5, 1994No. 11-93-120-CVPublishedCited by 41 opinions
1Opinion of the Court
OPINION
McCLOUD, Chief Justice.
At issue in this case is the applicability of two exclusions in a “commercial general liability” insurance policy. We hold that the exclusions apply and that the insurance company did not have a duty to defend under the policy.
Atlantic Lloyd’s Insurance Company of Texas issued a commercial general liability policy covering Duncanville Diagnostic Center, Inc. from August 22, 1989 to August 22, 1990. On October 19, 1989, Erica Portlock was treated at the Center. She died at her home later the same day. In two different lawsuits, Erica’s parents sued the Center, its…
2Cases cited23 opinions
- Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
- Gibbs v. General Motors CorporationTexas Supreme Court · 1970
- Heyden Newport Chemical Corp. v. Southern General Insurance Co.Texas Supreme Court · 1965
- State Farm Mutual Automobile Insurance v. PartridgeCalifornia Supreme Court · 1973
- Fidelity & Guaranty Insurance Underwriters, Inc. v. McManusTexas Supreme Court · 1982
18 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Canutillo Independent School District v. National Union Fire Insurance Co. of PittsburghCourt of Appeals for the Fifth Circuit · 1996
- St. Paul Insurance Co. v. Texas Department of Transportation, Texas Court of Appeals, 3rd District (Austin)1999
- Gatx Leasing Corporation v. National Union Fire Insurance CompanyCourt of Appeals for the Seventh Circuit · 1995
- Yee v. RobertsSuperior Court of Pennsylvania · 2005
- Potomac Insurance v. Jayhawk Medical Acceptance Corp.Court of Appeals for the Fifth Circuit · 2000
36 more not listed; retrieve them via the Exa API.