Gonzalez v. Mid-Continent Casualty Co., No. 19-10565 (5th Cir. 2020)
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After plaintiff allegedly damaged a house's electrical wiring while installing siding, Mid-Continent refused to provide him with defense and indemnity for the accident. The district court granted defendant a partial final judgment, holding that Mid-Continent owed plaintiff a duty to defend.
Applying Texas law and the eight-corners rule, the Fifth Circuit affirmed and held that the underlying litigation falls within the coverage provisions of the commercial general liability (CGL) policy and hence obligates Mid-Continent to defend plaintiff. The court also held that the policy's j(5) and j(6) exclusions do not apply in this case.
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