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Chamberlain McHaney, PLLC

Texas Lawyers, Austin & San Antonio

Tx/Up! Election Observer

After this campaign season, it occurs to us that the political gene pool could use some chlorine.
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No Coverage Under GL Policy for Claims by Injured Leased Workers: Last Week, Chamberlain♦McHaney obtained a summary judgment from the United States District Court for the Southern District of Texas holding that Mid-continent Insurance Co, which had issued a general liability insurance policy, had no duty to defend its insured, a contractor, in a wrongful death and survival action filed in Harris County District Court. The liability suit arose from a construction site accident that occurred when a building under renovation collapsed. The federal court in the declaratory judgment action agreed that the pleadings, despite several amendments to avoid policy exclusions, established the workers were leased employees of the contractor insured and the “employers liability” exclusion operated to bar coverage under Mid-Continent’s general liability policy. Tim Poteet and David Chamberlain handled this matter for the firm. Cerda v Mid-Continent Insurance Co (S.D. Tex 2010).