Legal Opinion
Rx. Com Inc. v. Hartford Fire Ins. Co.
District Court, S.D. Texas
Decided March 28, 2005No. CIV.A. H-04-2645PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM' AND ORDER
ROSENTHAL, District Judge.
Plaintiff, Rx.com, has sued its liability insurer, Hartford Fire Insurance Co., for breach of contract and violations of. Articles 21.21 and 21.55 of the Texas Insurance Code, alleging that Hartford breached its liability insurance policy when it refused to defend Rx.com in an underlying suit. Hartford has moved to dismiss the article 21.55 claim on the basis that it does not apply to an insured’s demand for a defense against a third-party suit. (Docket Entry No. 4). The parties have responded, replied, and argued the dismissal motion in a…
2Cases cited28 opinions
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- Collins v. Morgan Stanley Dean WitterCourt of Appeals for the Fifth Circuit · 2000
- Jerry L. Branch, Valenna Branch, Colby Branch v. Dale L. Tunnell, Individually and as Special Agent of Bureau of Land Management, State of MontanaCourt of Appeals for the Ninth Circuit · 1994
- Johnson & Higgins of Texas, Inc. v. Kenneco Energy, Inc.Texas Supreme Court · 1998
- Venture Associates Corporation, a Tennessee Corporation v. Zenith Data Systems Corporation, a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1993
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3Cited by10 opinions
- Lamar Homes, Inc. v. Mid-Continent Casualty Co.Texas Supreme Court · 2007
- Lennar Corp. v. Great American Insurance Co., Texas Court of Appeals, 14th District (Houston)2006
- Lamar Homes, Inc. v. Mid-Continent Casualty Co.Court of Appeals for the Fifth Circuit · 2005
- Coates v. Brazoria County TexasDistrict Court, S.D. Texas · 2012
- Nautilus Insurance v. International House of Pancakes, Inc.District Court, S.D. Texas · 2009
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