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CBX Res., LLC v. ACE Am. Ins. Co.

Citation: 282 F. Supp. 3d 948Docket: NO. 5:17–CV–17–DAE

Court: District Court, W.D. Texas; October 16, 2017; Federal District Court

Narrative Opinion Summary

In this case, the court addressed motions for partial summary judgment filed by CBX Resources, LLC and the defendants, Ace American Insurance Company and Ace Property and Casualty Insurance Company. The primary legal issue was whether the defendants had a duty to defend Espada Operating, LLC, under their insurance policies following claims of negligence related to a failed well operation. The court applied Texas law, which interprets insurance policies as contracts and assesses the duty to defend using the 'eight-corners rule.' The court found that the claims against Espada involved professional negligence, excluded under the policies, and that the UREC Endorsement did not override this exclusion. As a result, the court granted the defendants' motion for partial summary judgment, denying CBX's motion, and overruled CBX's objections to the evidence. The outcome favored the defendants, as neither Ace American nor Ace Property was found to have a duty to defend Espada, and CBX's claims for coverage were denied.

Legal Issues Addressed

Burden of Proof in Insurance Coverage Disputes

Application: The court found that CBX failed to meet its burden of proving that damages were covered under the CGL Policy.

Reasoning: The insured must demonstrate that coverage exists, while the insurer must show that one or more policy exclusions apply.

Duty to Defend under the Eight-Corners Rule

Application: Ace American was found to have no duty to defend Espada, as the claims against Espada were considered professional negligence, which was excluded under the policy.

Reasoning: If a complaint includes a potentially covered claim, the insurer must defend the entire lawsuit. Under Texas law, the insured must demonstrate that coverage exists, while the insurer must show that one or more policy exclusions apply.

Interpretation of Insurance Policies under Texas Law

Application: The court interpreted the insurance policies according to contract principles, emphasizing the intention of the parties as determined from the policy language.

Reasoning: Under Texas law, insurance policies are interpreted according to contract principles, with courts determining the intention of the parties from the policy language.

Professional Services Exclusion in Insurance Policy

Application: The court held that the Professional Services Exclusion applied, as Espada's work required specialized knowledge in drilling, excluding coverage under both the CGL and Umbrella Policies.

Reasoning: The Professional Services Exclusion also denies coverage for property damage to the Well, asserting that Espada's failure to apply specialized knowledge in drilling and operating the Well is the basis for this exclusion.

Summary Judgment Standards

Application: The court evaluated motions for partial summary judgment based on whether there was any genuine dispute as to material facts.

Reasoning: The applicable law states that summary judgment is warranted when there is no genuine dispute as to material facts, placing the initial burden on the moving party to demonstrate this absence of disputes.

UREC Endorsement and Coverage Exclusions

Application: The UREC Endorsement did not override the exclusion for property damage to real property under paragraph j(5) of the CGL Policy.

Reasoning: The UREC Endorsement's language is clear and unambiguous, not conflicting with the exclusion in paragraph j(5).