D.R. HORTON-TEXAS v. MARKEL INTERN. INS.

No. 06-1018.

300 S.W.3d 740 (2009)

D.R. HORTON-TEXAS, LTD., Petitioner, v. MARKEL INTERNATIONAL INSURANCE COMPANY, LTD., Respondent.

Supreme Court of Texas.

Decided December 11, 2009.

Rehearing Denied February 12, 2010.


Attorney(s) appearing for the Case

Robert B. Gilbreath, Hawkins, Parnell & Thackston, LLP, Dallas, TX, Brandy M. Wingate, Mission, TX, Maurice Bresenhan Jr., Pascal Paul Piazza, Zukowski, Bresenhan & Sinex, L.L.P., Houston, TX, Blake S. Evans, Stephen Wayne Burnett, Schubert & Evans, P.C., Dallas, TX, for Petitioner.

James M. Tompkins, Leslie Dean Pickett, James Terry Bailey, Galloway Johnson Tompkins Burr & Smith, Todd Frederick Newman, Irelan & Hargis PLLC, Houston, TX, for Respondent.

Robert A. Shults, McFall, Breitbeil & Shults, P.C., Jacob Allen Deleon, McFall, Sherwood & Breitbeil, Houston, TX, for other interested party Sphere Drake Insurance, Ltd.

Lee H. Shidlofsky, Visser Shidlofsky LLP, Austin TX, for Amici Curiae Texas Association of Builders and Associated General Contractors of America.


Justice WAINWRIGHT delivered the opinion of the Court.

In this dispute, a general contractor, as an additional insured on its subcontractor's commercial general liability (CGL) insurance policy, seeks a defense and coverage from the CGL insurer for alleged construction defects. The insurer claims that it has no duty, under the eight-corners doctrine, to provide a defense because the homeowners' petition in the underlying liability action did not implicate the insured...

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