Uretek (USA), Inc. v. Continental Casualty Co.

MEMORANDUM AND ORDER

KEITH P. ELLISON, District Judge.

Parties in this insurance coverage dispute call upon the Court to resolve, as a matter of Texas law, whether Defendant Continental Casualty Company had a duty to defend Plaintiff Uretek (USA), Inc. on counterclaims alleged in a now-concluded patent infringement lawsuit. The Court finds that no duty to defend was triggered. Defendant’s Motion for Summary Judgment (Doc. No. 20) is GRANTED; Plaintiffs Motion for Summary Judgment (Doc. No. 17) is DENIED. Final judgment will issue separately.

I. BACKGROUND

The facts of this case are uncontested.…