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... Mid-Continent Casualty Co. v. Eland Energy Inc., et al., 2007 U.S. Dist. LEXIS 53252 (D. Conn. July 23, 2007). Due to ... Sundown's primary and excess commercial general liability carrier, Mid-Continent Casualty Company ("Mid-Continent"), filed suit seeking a declaration that it did not owe a ... fell within the confines of the protections afforded by the privilege. As a result of the court's order, Mid-Continent was ordered to produce two additional documents which, although referring to the underlying ...

... certain commercial excess liability policies issued by Mid-Continent Casualty Company ("Mid-Continent"). See Mid-Continent Cas. Co. v. General Reins. Corp., ... (10th Cir. May 22, 2009). After a dispute arose between the parties, Mid-Continent filed a lawsuit against Gen Re in federal district court in Oklahoma, ... which, among other things, invalidated arbitration clauses in "contracts between insurance companies" (e.g., reinsurance contracts). The section of the McCarran-Ferguson Act relied upon ...

... , depending on whether they represented consumers of construction services, construction companies or insurance companies. In Lamar Homes, Inc. v. Mid-Continent Casualty Company, an opinion delivered on August 31, 2007 and which became final in ... and to pay damages on behalf of the builder when a home owner sued the builder for construction defects, and that the insurance company's failure to promptly defend the builder and pay damages was a violation of Texas'"prompt payment" statute. This is a ...

... Texas contractors and insurance companies and their attorneys of the decision of the Texas Supreme Court in Lamar Homes, Inc. v. Mid-Continent Casualty Company. The Court's decision had a second element that is notable, and will be helpful to attorneys who are ... is therefore not covered by the prompt payment statute. The Texas Supreme Court in the Lamar Homes case decided that the insurance company's duty to defend Lamar Homes, even though the payment of attorney's fees for defense would go to a ...

Lamar Homes, Inc v. Mid-Continent Casualty Company was decided by the Texas Supreme Court via certified question on August 31, 2007, and has several different facets. The three issues presented to the Texas Supreme Court were: (1) When a homebuyer sues his general contractor for construction defects and alleges only damage to or loss of use of the home itself, do such allegations allege an "accident" or "occurrence" sufficient to trigger the duty to defend or ...

... . However, a more thoroughgoing analysis, as presented in two recent Federal Circuit opinions-Stanley Martin Companies, Inc. v. Ohio Cas. Group, 2009 WL 367589 (4th Cir. Feb. 12, 2009) and Mid-Continent Casualty Co., v. JHP ... 3 (internal quotation marks and citations omitted). The Fifth Circuit's January 28, 2009 decision in Mid-Continent also addressed the application of the "business risk" principle in the context of a construction defect case. Mid-Continent ...

... handles some workers' compensation cases. "If you're an insurer here or a large company getting sued, you've got the Supreme Court as your safety net." ... the Entergy ruling "egregious" because he thinks the court hunted for a way to rule for the company. The Entergy ruling ignored the Legislature's previous actions on the issue that were pro- ... Harmar hadn't proved damages in Texas. Lamar Homes vs. Mid-Continent Casualty Insurance Homeowners sued Lamar Homes for cracks in the walls of houses and for ...

... , it just makes sense to keep your eye on other relevant pending cases, not just your appeal. Lamar Homes. In Lamar Homes, Inc. v. Mid-Continent Casualty Co., the Texas Supreme Court held that a common general-liability policy indeed covered ... . The homebuilder might not have control over this, short of negotiating more favorable language with its insurance company (such as language that would expressly permit it to offer evidence that a subcontractor was involved). Lamar Homes was ...

... . In particular, the court took note of the fact that Aetna Property & Casualty had been a "Bureau company" and that during this pre-ISO period, the IRB policy manual provided that ... ., 126 F.3d 727, 742 (5th Cir. 1997); Diamond Shamrock Chemicals Company v. Aetna Cas. & Sur. Co., 609 A.2d 440 (N.J. ... two weeks ago, Justice Willets of the Texas Supreme Court grumbled in a concurring opinion in Mid-Continent v. Liberty Mutual about all the "fiendishly difficult" high stakes insurance issues ...