Legal Opinion

For Kids Only Child Development Center, Inc. v. Philadelphia Indemnity Insurance Co.

Texas Court of Appeals, 5th District (Dallas)

Decided August 26, 2008No. 05-07-00546-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

Opinion by

Justice FRANCIS.

For Kids Only Child Development Center, Inc. appeals a summary judgment in favor of Philadelphia Indemnity Insurance Company. In two issues, appellant contends the trial court erred in granting summary judgment to appellee and in denying partial summary judgment to it. We affirm.

Appellant’s day care center was flooded with four-inch to six-inch deep sewage flowing from floor drains in the building. According to Gail Sullivan, owner of the center and an eyewitness to the event, water was also flowing from a manhole in the street outside the building. A City of…

2Cases cited15 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Provident Life & Accident Insurance Co. v. KnottTexas Supreme Court · 2003
  3. City of Garland v. Dallas Morning NewsTexas Supreme Court · 2000
  4. Fiess v. State Farm LloydsTexas Supreme Court · 2006
  5. Republic Insurance Co. v. StokerTexas Supreme Court · 1995

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3Cited by7 opinions

  1. Porter v. Oklahoma Farm Bureau Mutual Insurance Co.Supreme Court of Oklahoma · 2014
  2. El-Ad 250 West LLC v. Zurich American InsuranceNew York Supreme Court · 2014
  3. ALLEY THEATRE v. HANOVER INSURANCE CO.District Court, S.D. Texas · 2020
  4. Covington Lodging, Inc. v. Western World Insurance Group, Inc.United States Bankruptcy Court, N.D. Georgia · 2021
  5. Kelley Street Associates, LLC v. United Fire and Casualty Company, Texas Court of Appeals, 14th District (Houston)2015

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