E+B Successfully Defends Trial-level Motion for Summary Judgment Victory on Appeal

Wallace Debes v. General Star Indemnity Company, Civil Action No. 09-12-00527-CV; in the Texas Ninth Circuit Court of Appeals.

On July 10, 2014, the Texas Ninth Court of Appeals affirmed the summary judgment granted by the 136th Judicial District Court of Jefferson County, Texas, in favor of General Star Indemnity Company. Eggleston + Briscoe partner Monty Briscoe and associate Dave Loveless successfully argued the summary judgment at the trial level, which concerned third-party beneficiary status of a building owner under a property insurance policy in Texas. The original plaintiff appealed, and once again attorneys Briscoe and Loveless prevailed. After finding that privity only existed between General Star and the insured, the Ninth Court of Appeals held that the property owner was not a third-party beneficiary and therefore had no standing to sue — a major victory for property insurers in the state of Texas.

You can view the full text of the Court’s order here.