American International Specialty Lines Insurance v. Rentech Steel, L.L.C.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• making an Erie-guess that an employee’s negligence claim against a non-subscribing employer is not preempted by the TWCA but arises under the common law
• ‘Where ... the disputed provision is an exclusion, the insurer bears the burden of establishing that the exclusion applies.”
• \Because the Texas Supreme Court has never ruled on [this issue] ... we must make an ' Erie guess' as to how the Texas Supreme Court would rule ....\
• “In making our Erie guess, we look first to those Texas Supreme Court cases that, while not deciding the issue, provide guidance as to how the Texas Supreme Court would decide the question before us.”

Source: CourtListener parenthetical corpus (CC0).