Urban Oaks Builders, LLC v. Gemini Insurance Co.

Court: SD Tx  07/26/2024   Excess Carrier Has No Duty to Defend Where Primary's Duty to Defend Never Ceased in Construction Defect Dispute

A court of the Southern District of Texas held that excess insurer may recover defense costs but delays ruling on duty to indemnify following construction defect dispute.

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contractual subrogationduty to defendduty to indemnifyequitable subrogationmotion for summary judgmentdefense costscommercial excess liability policycommercial liability policy

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