Supreme Court of Texas

In plaintiff-general contractor's suit against its insurer for denying coverage in an underlying litigation brought by a building owner who claimed that water damage to his building was caused by construction activities, the court of appeals judgment is affirmed where: 1) the trial court erred in granting the plaintiff's motion for judgment on the issue of coverage as the contractual exclusion applies to the breach of contract claim and the exception for liability the insured would have absent its contract is inapplicable; and 2) plaintiff was not prejudiced by the insurer's actions and the insurer is not required to pay damages to plaintiff under an estoppel theory.

Appellate Information

• Argued 10/06/2010
• Decided 12/17/2010
• Published 12/17/2010

Judges

Court

• Supreme Court of Texas

Counsel