Firm News

About two months apart from each other, TALG was welcomed with emails announcing wins on two duty to defend summary judgment motions.

Depositors Ins. Co. v. CUMIS Ins. Co., Cause No. DC-23-13549 on file in the 162nd Judicial District Court of Dallas County, Texas) is a priority of coverage case between the insurer for a shopping center and an insurer for a credit union over coverage for the defense and the settlement of a case against the shopping center by the estate of an armored truck worker who was murdered in the shopping center parking lot. Each insurer argued that the other insurer provided the primary coverage. On March 19, 2025, Dallas County District Judge Kim Bailey Phipps granted summary judgment for Bob’s client CUMIS, the insurer for the credit union. Depositors recently filed a notice of appeal. Bob acts as local counsel for Wisconsin-based Godfrey Kahn.

In American Mercury Lloyds Ins. Co. v. Clarabut, Cause No. 24-12-19855 on file in Montgomery County, Texas, an insured convicted of second-degree murder in a road rage case sought a defense from Mercury in the wrongful death case brought by the deceased’s family. Upon a denial of coverage to the insured based on the plaintiffs’ allegations of intentional conduct, the plaintiffs amended their petition to replace all references to intentional conduct to negligence. Mercury used the insured’s trial brief and his appellant’s brief in his criminal case as extrinsic evidence to show that the insured judicially admitted to shooting the deceased (he claimed self-defense). Based on Farmers Tex. Cty. Mut. Ins. Co. v. Griffin, 955 S.W.2d 81 (Tex. 1997), Mercury argued that because it was a shooting, there is no way that Mercury could ever owe coverage and thus, Mercury was entitled to a declaration that it did not owe a duty to indemnify. On April 17, 2025, Montgomery County District Judge Vince Santini granted a final summary judgment in Mercury’s favor.