Legal Opinion

Holmes v. Employers Casualty Co.

Texas Court of Appeals, 1st District (Houston)

Decided October 17, 1985No. 01-85-0428-CVPublishedCited by 12 opinions

1Opinion of the Court

OPINION

LEVY, Justice.

This is an appeal from a summary judgment rendered against the appellants, operators of a beauty salon and barber shop, who brought this action for declaratory judgment against their insurer. The issue on appeal is whether the appellee had a duty to defend the appellants in a personal injury suit filed against them by a customer. We hold that the appellee had no such duty and affirm.

The appellants were insured under an owners’, landlords’, and tenants’ liability policy, which provided:

The company will pay on behalf of the insured all sums which the insured shall become…

2Cases cited5 opinions

  1. Heyden Newport Chemical Corp. v. Southern General Insurance Co.Texas Supreme Court · 1965
  2. Puckett v. U.S. Fire Insurance Co.Texas Supreme Court · 1984
  3. Fidelity & Guaranty Insurance Underwriters, Inc. v. McManusTexas Supreme Court · 1982
  4. Beauty by Encore of Hicksville, Inc. v. Commercial Union InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
  5. Lady Beautiful, Inc. v. Zurich Ins.Cuyahoga County Common Pleas Court · 1968

3Cited by12 opinions

  1. Brooks, Tarlton, Gilbert, Douglas & Kressler, Etc., Cross-Appellants v. United States Fire Insurance Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1987
  2. Adamo v. State Farm Lloyds Co.Court of Appeals of Texas · 1993
  3. Houston Petroleum Co. v. Highlands Insurance Co., Texas Court of Appeals, 1st District (Houston)1991
  4. Clemons v. State Farm Fire & Casualty Co.Court of Appeals of Texas · 1994
  5. Terra International, Inc. v. Commonwealth Lloyd's Insurance Co., Texas Court of Appeals, 5th District (Dallas)1992

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