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· 12/13/2011

Gilbane Building Co. v. Admiral Insurance

Citations

  • 664 F.3d 589
  • 2011 WL 6153370

How courts have described this case

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

  • holding that named insured had to be only “1% or more responsible”
  • holding insurer had a duty to indemnify additional insured even when named insured was not part of the underlying suit due to employer immunity
  • “We are bound by our own precedent interpreting [state] law unless there has been an intervening change in authority.”
  • “In this diversity action, we must apply Texas law as interpreted by Texas state courts.”
  • “‘Insured contract’ is a commonly used term of art in Texas insurance law, usually defined by the insurance policy to mean a separate contract that acts as insurance.”
  • “[T]he policy here explicitly requires that the injuries be ‘caused, in whole or in part, by’ [the named insured] … [T]he Texas Supreme Court has defined ‘caused by’ as requiring proximate cause.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wiener, Clement, Elrod

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.