Amerisure Mutual Insurance v. Arch Specialty Insurance

HAYNES, Circuit Judge:

Arch Specialty Insurance Company (“Arch”) appeals an adverse summary judgment in favor of Amerisure Mutual Insurance Company (“Amerisure”) in this insurance policy dispute. Amerisure cross-appeals. Concluding that Amerisure has exhausted its policy limits, we AFFIRM the part of the judgment regarding the duty to indemnify, REVERSE the part of the judgment regarding the duty to defend, and RENDER judgment in Arch’s favor.

I. Facts and Background

In 2006, Amerisure issued a Texas Commercial Package Policy to Admiral Glass & Mirror Co. (“Admiral”). The policy afforded…