Every passage below is lifted verbatim out of the citing opinion, with the
citation itself highlighted. Nothing here is a summary and nothing is generated —
it is what the later court actually wrote.
Arlanxeo USA, LLC v. Turner Industries Group, LLC and ACE American Insurance Company2026-02-18
…w the “eight corners” rule, under which the court compares the allegations in the four corners of the plaintiff’s pleading with the provisions in the four corners of the insurance policy. See Nat’l Union Fire Ins. Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139, 141 (Tex. 1997). “If analyzing the eight corners shows the possibility of coverage, the insurer has the duty to defend.” Sentinel Ins. Co. v. Choice! Energy Servs. Retail LP, 640 F. Supp. 3d 734, 739 (S.D. Tex. 2022). “It is well established that insurance policies are strictly construed in favor of the ins…
Shah2026-01-23
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Tapia2026-01-21
…caused by” the Named Insured’s work or product.56 The endorsement therefore imposes a two-part inquiry: a written contract requirement and a further requirement that the 50 Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139, 141 (Tex. 1997). 51 Liberty Mut. Fire Ins. Co. v. Copart of Connecticut, Inc., 75 F.4th 522, 528–29 (5th Cir. 2023). 52 Swinerton Builders v. Zurich Am. Ins. Co., 538 F.3d 365, 369 (5th Cir. 2008) (quoting Guar. Nat’l Ins. Co. v. Azrock Indus., 211 F.3d 239, 243 (5th Cir.…
The Howard Hughes Corporation v. Liberty Mutual Fire Insurance Co.2025-08-28
…rners rule determines whether the insurer has a duty to defend by comparing the allegations in the third party’s pleadings with the language of the insurance policy. National Union Fire Insurance Co. of Pittsburgh, Pa. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139, 141 (Tex. 1997). The insured bears the initial burden of showing that the claim against it is potentially within the insurance policy’s scope of coverage. Federal Insurance, 837 F.3d at 552. Here, it is undisputed that the Insureds meet this burden. (Dkt. 27 at p. 15). However,…
Mesa Underwriters Specialty Insurance Company v. West Dallas Investments LP2025-07-22
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Linan2025-06-23
…rners rule determines whether the insurer has a duty to defend by comparing the allegations in the third party’s pleadings with the language of the insurance policy. National Union Fire Insurance Co. of Pittsburgh, Pa. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139, 141 (Tex. 1997). When applying the eight-corners rule, “the court must 4 / 7 focus on the factual allegations that show the origin of the damages rather than on the legal theories alleged.” Id. (quotation marks omitted). In addition to the factual allegations, a court mu…
Mesa Underwriters Specialty Insurance Company v. West Dallas Investments LP2025-04-22
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Liberty Mutual Fire Insurance Company v. North Tarrant Infrastructure, LLC2025-03-19
…“[T]he general rule is that the insurer is obligated to defend if there is, potentially, a case under the complaint within the coverage of the policy.” Gore Design Completions, 538 F.3d at 368–69 (quoting Nat’l Union Fire Ins. v. Merchs. Fast Motor Lines, 939 S.W.2d 139, 141 (Tex. 1997)). “Allegations are read liberally in favor of the insured.” Id. at 369. “The duty to defend does not depend upon the truth or falsity of the allegations.” Id. at 368. “[W]hen the plaintiff’s petition makes allegations which, if proved, would place the plaintiff’s claim within an exclusion from coverage, there is no d…
Greyhound Lines Inc v. Western Trails Charters & Tours LLC2024-07-24
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Zinkweg2024-03-28
…orners rule determines whether the insurer has a duty to defend by comparing the allegations in the third party’s pleadings with the language of the insurance policy. National Union Fire Insurance Co. of Pittsburgh, Pa. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139, 141 (Tex. 1997). “If a petition does not allege facts within the scope of coverage, an insurer is not legally required to defend a suit against its insured.” Id.3 When applying the eight corners rule, “the court must focus on the factual allegations 3 The Texas Supreme Court recently reaffirmed that, “in most cases, whether a duty to def…
LM Insurance Corporation v. Nautilus Insurance Company2024-03-18
…rners rule determines whether the insurer has a duty to defend by comparing the allegations in the third party’s pleadings with the language of the insurance policy. National Union Fire Insurance Co. of Pittsburgh, Pa. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139, 141 (Tex. 1997). When applying the eight corners rule, “the court must focus on the factual allegations that show the origin of the damages rather than on the legal theories alleged.” Id. (quotation marks omitted). In addition to the factual allegations, a court must consider “any reasonable inferences that flow from the facts alleged.” L…
LM Insurance Corporation v. The Cincinnati Insurance Company2024-01-30
…urt may not read facts into the pleadings, look outside the pleadings, or speculate as to factual scenarios that might trigger coverage or create an ambiguity.” Gilbane, 664 F.3d at 596-597 (citing Nat’l Fire Ins. Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139, 142 (Tex. 1997)). Here, the Red Steel Policy provides that insurance coverage for Rogers, as an additional insured, is limited “to liability arising out of ‘ [Red Steel’s] work’ performed for [Rogers] by [Red Steel] or on [Red Steel’s] behalf.” Doc. No. 122 at 103; Doc. No. 31 at 249. The Red Steel Policy directs that an “organizat…
National Trust Insurance Company v. G Creek, Inc.2023-09-29
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Weisinger2023-08-11
…F.3d 676, 682-83 (5th Cir. 2012). Courts may not “read facts into the pleadings, . . . look outside the pleadings, or imagine factual scenarios which might trigger coverage.” Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. Merchs. Fast Motor Lines, Inc., 939 S.W.2d 139, 142 (Tex. 1997). The underlying pleadings are read liberally and any doubts about coverage must be resolved in favor of the insured – if even one claim in the underlying litigation potentially falls within the insurance policy’s coverage, the insurer is required to provide a complete defense. Primrose Operating Co. v. Nat’l Am. Ins.…
Choi2023-07-25
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Mesa Underwriters Specialty Insurance Company v. Whitfield & Breitigam Enterprises LLC2023-03-30
…orners rule determines whether the insurer has a duty to defend by comparing the allegations in the third party’s pleadings with the language of the insurance policy. National Union Fire Insurance Co. of Pittsburgh, Pa. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139, 141 (Tex. 1997). “If a petition does not allege facts within the scope of coverage, an insurer is not legally required to defend a suit against its insured.” Id.1 When applying the eight corners rule, “the court must focus on the factual allegations that show the origin of the damages rather than on the legal theories alleged.” Id. (quota…
Atain Specialty Insurance Company v. Triple PG Sand Development, LLC2023-02-28
…] insured’s favor.” Harken, 261 F.3d at 471 (modifications in original, internal quotations omitted); Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. Merch. Fast Motor 8 Lines, Inc., 939 S.W.2d 139, 141 (Tex. 1997) (“When applying the eight corners rule, we give the allegations in the petition a liberal interpretation.”). II. Atain has not established that the Total Pollution Exclusion bars coverage. Atain has moved for summary judgment on the grounds t…
Gemini Insurance Company v. Indemnity Insurance Company of North America2023-01-09
…ured state a cause of action within the coverage of a liability policy sufficient to compel the insurer to defend the action, such doubt will be resolved in insured’s favor.” Natl Union Fire Ins. Co. of Pittsburgh, Pa. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139, 141 (Tex. 1997). The court must focus only on the pleading’s factual allegations. See id. at 142. It is inappropriate to consider “the legal theories asserted,” “look outside the pleadings, or imagine factual scenarios which might trigger coverage.” Id. “Texas rules of contract interpretation control in this diversity case. Under Tex…
BPX Production Company v. Certain Underwriters at Lloyd's London Subscribing to CGL2023-01-03
…agree. When determining whether an insurer owes its insured a duty to defend, Texas courts follow the “eight corners rule.” Nat’l Union Fire Ins. Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139, 141 (Tex. 1997). An eight-corners analysis requires courts to compare only the allegations in the pleadings from the underlying lawsuit to the insurance policy. Hence the rule’s name: The contents within the four corners of the pleadings are compared to the same within the four cor…
Sentinel Insurance Company v. Choice! Energy Services Retail LP2022-12-07
…case within or without the coverage, [and] the general rule is that the insurer is obligated to defend if there is, potentially, a case under the complaint within the coverage of the policy.” Nat’l Union Fire Ins. Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139, 141 (Tex. 1997) (quoting reference omitted). Sentinel’s citation to Evanston Insurance Co. v. Lapolla Industries, Inc., 93 F. Supp. 3d 606 (S.D. Tex.), aff’d, 634 F. App’x 439 (5th Cir. 2015), does not alter the court’s judgment. The court did not determine that the factual alleg…
Sentinel Insurance Company v. Choice! Energy Services Retail LP2022-11-08
…w the “eight corners” rule, under which the court compares the allegations in the four corners of the plaintiff’s pleading with the provisions in the four corners of the insurance policy. See Nat’l Union Fire Ins. Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139, 141 (Tex. 1997). If analyzing the eight corners shows the possibility of coverage, the insurer has the duty to defend. “It is well established that insurance policies are strictly construed in favor of the insured in order to avoid exclusion of coverage.” Puckett v. U.S. Fire Ins. Co., 678 S.W.2d 936, 938…
Certain Underwriters at Lloyd's London v. Keystone Development LLC2022-10-07
…the insurer’s duty to defend.” Farmers Cnty. Mut. Ins. Co. v. Griffin, 955 S.W.2d 81, 82 (Tex. 1997). Texas courts refer to this as the “complaint-allegation” rule or the “eight-corners” rule. National Union Fire Ins. Co. v. Merchs. Fast Motor Lines, Inc., 939 S.W.2d 139, 141 (Tex. 1997). Under the “eight-corners” rule, “[t]he court compares the four corners of the insurance policy with the four corners of the plaintiff’s pleading to determine whether any claim alleged by the pleading is potentially within the policy coverage.” Guaranty Nat’l Ins. Co. v. Vic Mfg. Co., 143 F.3d 192, 193 (5th Cir. 1998). “Un…
Allied Property and Casualty Insurance Company v. Armadillo Distribution Enterprises, Inc.2022-08-18
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Mid-Continent Casualty Company v. JTH Customs Inc.2022-07-04
…). When considering whether a third-party complaint triggers a duty to defend, the focus is on “the factual allegations that show the origin of the damages rather than on the legal theories alleged.” Nat’l Union Fire Ins. Co. v. Merchs. Fast Motor Lines, 939 S.W.2d 139, 141 (Tex. 1997) (per curiam). “If the underlying pleadings allege facts that may fall within the scope of coverage, the insurer has a duty to defend; if the pleading only alleges facts excluded by the policy, there is no duty to defend.” Siplast, 23 F.4th at 493. A third-party complaint must both allege and seek damages “for an event pote…
Mt. Hawley Insurance Company v. J2 Resources LLC2022-06-01
…orners rule determines whether the insurer has a duty to defend by comparing the allegations in the third party’s pleadings with the language of the insurance policy. National Union Fire Insurance Co. of Pittsburgh, Pa. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139, 141 (Tex. 1997). “If a petition does not allege facts within the scope of coverage, an insurer is not legally required to defend a suit against its insured.” Id.2 When applying the eight corners rule, “the court must focus on the factual allegations 2 The Texas Supreme Court recently reaffirmed that, “in most cases, whether a duty to def…
SXSW, LLC v. Federal Insurance Company2022-05-24
…6). When considering whether a third-party complaint triggers a duty to defend, the focus is on “the factual allegations that show the origin of the damages rather than on the legal theories alleged.” Nat’l Union Fire Ins. Co. v. Merchs. Fast Motor Lines, 939 S.W.2d 139, 141 (Tex. 1997) (per curiam). “If the underlying pleadings allege facts that may fall within the scope of coverage, the insurer has a duty to defend; if the pleading only alleges facts excluded by the policy, there is no duty to defend.” Siplast, 23 F.4th at 493. A third-party complaint must both allege and seek damages “for an event pote…