DR Horton Bears Fruit

Law360, New York (May 31, 2011, 3:08 PM EDT) -- The Supreme Court of Texas recently issued a per curiam opinion reversing a court of appeals decision because the lower appellate court did not consider evidence extrinsic to the pleadings and insurance policy in determining whether a carrier owned a duty to indemnify. See Burlington N. & Santa Fe Ry. Co. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, 334 S.W.3d 217 (Tex. 2011) (hereinafter BNSF).

The court’s application of D.R. Horton-Texas. Ltd. v. Markel International Insurance Co., 300 S.W.3d 740 (Tex. 2009), reflects the...
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