Notable Results HB

Summary Judgment Secured in Professional Liability Lawsuit

Brian Rawson and Roy McKay were successful on a summary judgment while defending an insurance agent and agency in a professional liability lawsuit filed in Houston, Texas. The case involved allegations that Hartline Barger’s client failed to obtain coverage for an alleged additional insured under an insurance policy.

The Third-Party Plaintiff was an entity that alleged it should have been an additional insured under a general liability policy because it was listed as an additional insured on the policy declarations page. However, it was not afforded additional insured status under the policy.

Rawson and McKay argued, among other grounds, that the claims were time-barred and that the declaration page clearly and conspicuously includes a disclaimer providing that the declarations page does not confer any rights that are not conferred within the underlying policy. The Third-Party Plaintiff’s cross motion for summary judgment argued that it proved all the elements of its causes of action as a matter of law and its claims were not defeated by the statute of limitations.

The Third-Party Plaintiff sought over $1 million dollars in damages. On October 9, 2019, the Court granted Hartline Barger’s summary judgment motion and rejected the Third-Party Plaintiff’s arguments. Accordingly, the Court dismissed all of the Third-Party Plaintiff’s claims against the insurance agent and agency.

SOURCE: Official court documents and attorneys for the defense from Hartline Barger LLP

CAUSE/CASE NO: 17-09-11698

Judge: Jennifer Robin

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