Crownover, et al. v. Mid-Continent Casualty Co., No. 11-10166 (5th Cir. 2014)Annotate this Case
In this diversity case, the court considered whether Mid-Continent was obligated under Texas law to pay for damage caused by one of its insureds, Arrow, when Arrow failed to promptly correct work in the home that it had constructed for plaintiffs and which failed to conform to the requirements of the construction contract into which Arrow and plaintiffs had entered. The court concluded that, consistent with Texas law and considering the Texas Supreme Court's decisions in Gilbert Texas Construction, L.P. v. Underwriters at Lloyd's London, and Ewing Construction Co. v. Amerisure Insurance Co., Mid-Content has demonstrated that an exclusion from coverage applied and that the insureds have failed to show that an exception to that exclusion applies. The district court committed no error in granting summary judgment to Mid-Content. Accordingly, the court affirmed the judgment of the district court.
The court issued a subsequent related opinion or order on October 29, 2014.