National Fire Insurance v. C. Hodges & Associates, PLLC

MEMORANDUM OPINION AND ORDER

HARRY LEE HUDSPETH, Senior District Judge.

This is an action for a declaratory judgment under 28 U.S.C. § 2201. The Plaintiffs seek a declaration as to their duty to defend and indemnify their policyholders in an underlying lawsuit pending in state district court. The Defendant policyholders have filed a counterclaim for fees and expenses incurred in defending the underlying suit, as well as the remedies afforded by the Texas Prompt Payment Statute. Tex. Ins. Code § 542.060. Pending before the Court are cross motions for summary judgment filed by Plaintiffs…