Legal Opinion
Auten v. Employers National Inurance Co.
Texas Court of Appeals, 5th District (Dallas)
Decided December 1, 1986No. 05-85-01387-CVPublishedCited by 19 opinions
1Opinion of the Court
McCLUNG, Justice.
Charles and Helen Auten sued Employers National Insurance Company to recover under an all-risks homeowner’s insurance policy after a professional exterminator’s misapplication of pesticides rendered their home uninhabitable. Employers defended on the ground that the Autens’ loss was caused by contamination, a peril excluded by the terms of the policy. Based on the jury’s findings that the misapplication of pesticides was negligent, that it caused physical loss to the Autens’ home and that this loss was not caused by contamination, the trial court found that Employers was…
2Cases cited10 opinions
- Safeco Insurance Co. Of America v. William GuytonCourt of Appeals for the Ninth Circuit · 1982
- Blaylock v. American Guarantee Bank Liability Insurance Co.Texas Supreme Court · 1982
- Travelers Indemnity Co. v. McKillipTexas Supreme Court · 1971
- American Casualty Company of Reading, Pennsylvania v. A. L. Myrick, D/B/A Market Produce CompanyCourt of Appeals for the Fifth Circuit · 1962
- Employers Mutual Casualty Co. of Des Moines, Iowa v. NelsonTexas Supreme Court · 1962
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Parks Real Estate Purchasing Group v. St. Paul Fire And Marine Insurance CompanyCourt of Appeals for the Second Circuit · 2006
- Jussim v. Massachusetts Bay InsuranceMassachusetts Supreme Judicial Court · 1993
- National Fire Insurance Co. of Pittsburgh v. Valero Energy Corp., Texas Court of Appeals, 13th District1989
- Duensing v. Traveler's CompaniesMontana Supreme Court · 1993
- Hanover New England Insurance v. SmithMassachusetts Appeals Court · 1993
14 more not listed; retrieve them via the Exa API.