Legal Opinion

Mid-Continent Casualty Co. v. Andregg Contracting, Inc. and Bacilio Zapata

Texas Court of Appeals, 5th District (Dallas)

Decided November 9, 2012No. 05-11-00637-CVPublishedCited by 4 opinions

1Opinion of the Court

OPINION

Opinion By

Justice MARTIN RICHTER.

This case arises out of an injury suffered by Bacilio Zapata while performing tree cutting services for Andregg Contracting, Inc.(“Andregg”). The trial court concluded Zapata was an independent contractor, and therefore, under a commercial general liability (“CGL”) policy issued to Andregg by Mid-Continent Casualty Company (“MCC”), MCC owed a duty to indemnify Andregg for the injury. In two issues on appeal, MCC contends the trial court erred in its determination because Zapata was not an independent contractor, but rather an employee for whom coverage…

2Cases cited9 opinions

  1. Limestone Products Distribution, Inc. v. McNamaraTexas Supreme Court · 2002
  2. Thompson v. Travelers Indemnity Co. of Rhode IslandTexas Supreme Court · 1990
  3. Pitchfork Land and Cattle Company v. KingTexas Supreme Court · 1961
  4. Ochoa v. Winerich Motor Sales Co.Texas Supreme Court · 1936
  5. Hoechst Celanese Corp. v. ComptonCourt of Appeals of Texas · 1994

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Steven Painter Tonya Wright, Individually and as Representative of the Estate of Earl A. Wright, III, Virginia Weaver, Individually and as Next Friend of A.A.C., a Minor And Tabitha R. Rosello, Individually and as Representative of the Estate of Albert Carillo v. Amerimex Drilling I, Ltd.Texas Supreme Court · 2018
  2. Alani Consulting, Inc. and B12 Consulting, LLC v. UST Global Inc. and Alan Goerner, Texas Court of Appeals, 5th District (Dallas)2023
  3. City of Houston v. Robert A. Smith, Texas Court of Appeals, 1st District (Houston)2015
  4. in Re: Rudolph Automotive, LLC D/B/A Rudolph Mazda and Rudolph Chevrolet, LLC, Texas Court of Appeals, 8th District (El Paso)2020

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