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· 2/25/2011

Burlington Northern & Santa Fe Railway Co. v. National Union Fire Insurance Co.

Citations

  • 334 S.W.3d 217
  • 54 Tex. Sup. Ct. J. 599
  • 2011 Tex. LEXIS 130
  • 2011 WL 711099

How courts have described this case

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

  • recognizing that the Griffin exception was established due to the impossibility of using extrinsic evidence to transform an intentional tort of a drive-by-shooting into a car accident that could be covered under the insurance policy
  • stating that “the determination as to duty to defend is according to the eight-corners rule wherein only the pleadings and the policy language are considered”
  • “[T]he determination as to duty to defend is according to the eight-corners rule wherein only the pleadings and the policy language are considered.”
  • “[T]he determination as to duty to defend is according to the eight-corners rule wherein only the pleadings and the policy language are considered. On the other hand, the insurer’s duty to indemnify is determined based on the facts actually established in the underlying suit.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.