5th Circuit: Texas Carrier Must Defend Against Claim Despite Policy Exclusion

By | August 3, 2020

  • August 8, 2020 at 7:52 pm
    okt0ber says:
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    Seems like the correct decision – the trial process can determine the facts of the loss, and therefore determine whether or not the policy provided coverage. State Farm wanted to flat out skip this process and make conclusions that need to be determined at trial. Perhaps those exclusions apply and they don’t owe coverage. They have to participate in the process to determine whether or not they apply. A 10 year old died. The least they can do is participate in the process to determine where, exactly, the proximate cause of loss occurred and whether that fit within policy coverage or not. This is probably an unpopular opinion to the insurance carrier employees on here, this method and decision is the best for insurance customers.



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