Texas Supreme Court limits insurance exclusions

AUSTIN, TX

Justice Phil Johnson released a decision Friday denying an insurance company's attempt to avoid paying a claim based on language found in most Commercial General Liability insurance policies.

Insurance law expert Randy Maniloff said the Court's decision was one of the most anticipated in the country and will have national repercussions.

The insurer was trying to avoid paying a claim because the contractor had entered into a contract with a client and hired a subcontractor.

The insurer said their policy excluded potential liabilities assumed by signing a contract. But Johnson wrote that since the liability would have been covered absent a contract, it could not be excluded.

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