Preferred Contractors Insurance Company Risk Retention Group, LLC v. Oyoque Masonry, Inc. et al.; Civil Action No. 4:12-CV-1406; In the United States District Court for the Southern District of Texas, Houston Division.
On July 26, 2013, a magistrate for the U.S. District Court Judge for the Southern District of Texas granted Preferred Contractors Insurance Company Risk Retention Group, LLC’s (PCIC’s) motion for summary judgment, declaring that PCIC has no duty to defend or indemnify Oyoque Masonry, Inc. (OMI) in a suit against OMI involving a claim of bodily injury allegedly incurred by a third party in a construction-related accident. Basing its motion on an endorsement to the policy excluding coverage for bodily injury arising out of claims or suits brought by (inter alia) independent contractors (the “Action Over” endorsement), PCIC was able to successfully obtain a declaration from the court putting to rest the parties’ rights and obligations under the operative insurance policy.
You can view the full text of the Court’s order here.