LCS Corrections Services, Inc. v. Lexington Ins., No. 14-40494 (5th Cir. 2015)
Annotate this CaseIn the underlying tort action, heirs of Mario Garcia filed suit against LCS, alleging claims of medical malpractice under state law and constitutional violations under 42 U.S.C. 1983. LCS then filed this action seeking a declaration that Lexington is required to defend and indemnify LCS in the underlying section 1983 action. The court concluded that the section 1983 claim is excluded from coverage by both the Commercial General Liability (CGL) and the Commercial Umbrella Liability (CUL) policies where the complaint fell within the meaning of the medical services exclusion in the CGL policy and the professional liability exclusion in the CUL policy. The court held that Lexington owes no duty to defend or indemnify LCS under the CGL policy; Lexington owes no duty to defend or indemnify LCS under the CUL policy; the district court did not err in granting summary judgment for Lexington under the CUL policy, but the district court erred in its judgment with respect to the CGL policy. Accordingly, the court affirmed in part, vacated in part, and remanded.
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