United States Fifth Circuit
NORTHFIELD INS. CO. v. LOVING HOME CARE, INC., 02-21254
Pursuant to Texas's strict eight corners rule, plaintiff was properly found to owe defendant a duty to defend in the underlying tort suit, arising from the fatal injury sustained by an infant while in the care of one of defendant's employees. The facts alleged in that suit state a claim of negligence that potentially falls within plaintiff's policy.
Appellate Information
- Decided 03/22/2004
- Published 03/22/2004
Judges
- DeMOSS, Circuit Judge:, Before REAVLEY, DAVIS and DeMOSS, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- E. Thomas Bishop, Michael Anthony Hummert, Alexander Nelson Beard (argued), Bishop & Hummert, Dallas, TX, for Northfield Ins. Co., Joe Mac Roden (argued), Rusty Hardin & Associates, Houston, TX, for William and Catherine Barrows.
- For Appellees:
- Michael Y. McCormick, Anthony Edward Spaeth (argued), McCormick, Hancock & Newton, Houston, TX, for Defendants-Appellees.