Evanston Insurance Co. v. Mid-Continent Casual, No. 17-20812 (5th Cir. 2018)
Annotate this CaseMack truck’s primary insurer refused to contribute more than $1 million toward the settlements of the final three auto collisions, claiming that they were part of a single "accident" under its policy and that $1 million was the primary insurer's limit of liability per accident. The Fifth Circuit applied Texas law and held that there was one accident under the policy. In this case, the chain of causation remained unbroken and the ongoing negligence of the runaway Mack truck was the single proximate, uninterrupted, and continuing cause of all the collisions. Therefore, the court reversed the district court's decision that there were two accidents and rendered judgment in favor of the primary insurer.
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