Ace American Insurance v. Freeport Welding & Fabricating, Inc.

CARL E. STEWART, Chief Judge:

Freeport Welding & Fabricating, Inc. (“Freeport”) and Brand Energy Solutions, L.L.C. (“Brand Energy”) were named defendants in a personal injury suit in Texas state court. ACE American Insurance Company (“ACE”) insures Brand Energy. Freeport sought defense and indemnity from ACE in the state court proceedings as an additional insured under Brand Energy’s insurance policy with ACE. ACE denied Freeport’s request, contending that it had no duty under the policy to defend or indemnify Freeport in the state court proceedings.

ACE and Freeport then filed motions in…