Carter v. Westport Insurance Corporation, No. 1:2009cv00099 - Document 23 (S.D. Tex. 2010)

Court Description: MEMORANDUM OPINION AND ORDER granting 12 Motion for Summary Judgment; denying 13 Motion for Partial Summary Judgment. It is hereby ORDERED: Defendant Wesport's Motion for Summary Judgment is GRANTED as to the duty to defend against the Firs t Amended Complaint as well as any extra-contractual claims based on the duty to defend claim, and DENIED as to the duty to indemnify as well as any extra-contractual claims based on the duty to indemnify claim. Plaintiff's Motion for Partial Summary Judgment is DENIED.(Signed by Judge Andrew S. Hanen) Parties notified.(bcampos, )