Trinity Univ. Ins. Co. v. Employers Mut. Cas. Co., No. 08-20532

In an action by a group of insurers claiming that defendant-insurer owed plaintiffs a duty to defend an underlying construction suit, judgment for plaintiffs is affirmed where the underlying complaint's allegations did not clearly and unambiguously fall outside the scope of the policy's coverage.  However, the district court's order denying plaintiffs defense costs in the underlying suit is reversed where plaintiffs satisfied the "common obligation" and "compulsory payment" requirements for a contribution claim under Texas law.

Read Trinity Univ. Ins. Co. v. Employers Mut. Cas. Co., No. 08-20532

Appellate Information

Filed January 4, 2010

Judges

Opinion by Judge Prado