GORE DESIGN COMPLETIONS v. HARTFORD FIRE INS. CO.

No. 08-50042 Summary Calendar.

538 F.3d 365 (2008)

GORE DESIGN COMPLETIONS, LTD., Plaintiff-Appellant, v. HARTFORD FIRE INS. CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 4, 2008.


Attorney(s) appearing for the Case

Steven Dominic Sanfelippo, Michael Ross Cunningham, Rose Walker, Dallas, TX, for Plaintiff-Appellant.

Marcie Lynn Schout, James H. Moody, III, Quilling, Selander, Cummiskey & Lownds, Dallas, TX, Levon G. Hovnatanian, Martin, Disiere, Jefferson & Wisdom, Houston, TX, for Defendant-Appellee.

Before JOLLY, HIGGINBOTHAM and HAYNES, Circuit Judges.


HAYNES, Circuit Judge:

Once again, we are faced with the seemingly simple task of applying the Texas "eight corners" rule to determine whether an insurance company owes a duty to defend an underlying liability lawsuit. Because we conclude that the statement of claim in the liability case asserted a claim that could fall within the coverage of the Hartford policy and is not clearly excluded by it, we reverse the summary judgment and remand to the district court.

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