Law360, Los Angeles (September 15, 2015, 5:16 PM EDT) -- A Texas appeals court ruled Tuesday that the former chief financial officer of Superior Offshore International Inc. can proceed with his claim that XL Specialty Insurance Co. wrongly refused to defend or indemnify him in underlying bankruptcy litigation, holding there are still questions regarding the possibility of coverage.
In a 20-page opinion, a panel of the Houston appellate court said that a trial court improperly granted summary judgment to XL on Roger D. Burks' breach-of-contract claim. Burks is seeking about $2 million in damages for compensation he lost when he settled with now-defunct Superior Offshore's bankruptcy estate, which had filed a...
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