United States Fifth Circuit

Summary judgment declaring that an insurer has no duty to defend or indemnify insured under an insurance policy issued to his employer covering its vehicles is reversed where the district court improperly considered extrinsic evidence to defeat the insurer's duty to defend in violation of Texas's eight-corners rule, and issues of material fact remained regarding whether insured was using a company vehicle with the permission of the employer at the time of the accident.

Appellate Information

• Decided 12/21/2006
• Published 12/22/2006

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before JONES, Chief Judge, and DAVIS and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Idolina Garcia (argued), Veronica Martinsen Bates, Hermes Sargent Bates, Dallas, TX, for Liberty Mut. Ins., Cherie Kay Batsel (argued), Richard A. Harwell, John M. Cox & Associates, Dallas, TX, for Graham.