Legal Opinion
Dayton Independent School District v. National Gypsum Co.
District Court, E.D. Texas
Decided February 4, 1988No. Civ. A. B-81-227-CA, B-81-293-CA and B-87-701-CAPublishedCited by 39 opinions
1Opinion of the Court
MEMORANDUM OPINION
JOE J. FISHER, District Judge.
INTRODUCTION
This insurance coverage dispute concerns questions of coverage for claims of asbes tos-related property damage. Presently before the Court is the motion for summary judgment of Defendant and Third-Pardy Plaintiff W.R. Grace & Co. (“Grace”). The issue of coverage is a question of contract construction and, thus, can be decided by this Court as a matter of law. Having reviewed the contracts, and there being no other genuine issue of material fact, Grace’s motion for summary judgment is granted.
BACKGROUND
Prior to 1974, Grace and its…
2Cases cited40 opinions
- Clarence Borel v. Fibreboard Paper Products Corporation, Nationalsurety Corporation, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1973
- Zurich Insurance Co. v. Raymark Industries, Inc.Illinois Supreme Court · 1987
- American Home Products Corporation, Plaintiff-Appellant-Cross-Appellee v. Liberty Mutual Insurance Company, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1984
- Massachusetts Bond. & Ins. Co. v. Orkin Exterm. Co.Texas Supreme Court · 1967
- Hauenstein v. St. Paul-Mercury Indemnity Co.Supreme Court of Minnesota · 1954
35 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriter's at Lloyd's of London. Certain Underwriters at Lloyd's, London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies", ( Pursuant to Rule 12(a), f.r.a.p.) in No. 95-3432. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriters's at Lloyd's of London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies." ( Pursuant to Rule 12(a), f.r.a.p.) Koppers Company, Inc., in No. 95-3461Court of Appeals for the Third Circuit · 1996
- United States Gypsum Co. v. Admiral InsuranceAppellate Court of Illinois · 1994
- Uniroyal, Inc. v. Home InsuranceDistrict Court, E.D. New York · 1988
- Stonewall Insurance Company, Plaintiff-Appellant-Cross-Appellee v. Asbestos Claims Management Corporation, Defendant-Appellee-Cross-Appellant, Liberty Mutual Insurance Company, Underwriters at Lloyds, Continental Casualty Company, American Motorists Insurance Company, Affiliated Fm Insurance Company, Republic Insurance Company, First State Insurance Company, United States Fire Insurance Company, Houston General Insurance Company, Twin City Fire Insurance Company, Old Republic Insurance Company, American Centennial Insurance Company, the Constitution State Insurance Company, Employers Insurance of Wausau, and Commercial Union Insurance Company, Defendants-Appellants-Cross-Appellees, and the Travelers Insurance Company, Asbestos Claims Management Corporation, Third-Party-Plaintiff-Appellee-Cross-Appellant v. International Insurance Company, Third-Party-Defendant-Appellant-Cross-Appellee, and H.S. Weavers (Underwriting) Agencies, Ltd., Third-PartyCourt of Appeals for the First Circuit · 1995
- Domtar, Inc. v. Niagara Fire Insurance Co.Supreme Court of Minnesota · 1997
34 more not listed; retrieve them via the Exa API.