CANAL INDEM. CO. v. PALMVIEW FAST FREIGHT TRANSP.

Civil Action No. 3:09-CV-0451-D.

750 F.Supp.2d 743 (2010)

CANAL INDEMNITY COMPANY, Plaintiff, v. PALMVIEW FAST FREIGHT TRANSPORTATION, INC., et al., Defendants.

United States District Court, N.D. Texas, Dallas Division.

November 10, 2010.


Attorney(s) appearing for the Case

George T. Jackson , Burch Lapidus & Lanza, Houston, TX, Ricardo L. Salinas , Ricardo Salinas Law Firm, Mission, TX, for Plaintiff/Defendants.

Marcus Cayetano Barrera , Edward P. Sanchez , Barrera Sanchez & Associates PC, McAllen, TX, for Defendant.


MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, Chief Judge.

An insurer moves for summary judgment in this action seeking a declaratory judgment concerning its duties to defend and indemnify arising from a state court lawsuit. Although the insurer relies on two policy exclusions to avoid coverage, the dispositive question is whether a reasonable jury could find that defendants are entitled to recover on theories of waiver and equitable estoppel...

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