McGinnes Indus. Maint. Corp. v. Phoenix Ins. Co.

Docket Number14-0465
Decision Date26 June 2015

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9 cases
  • Bitco Gen. Ins. Corp. v. Acadia Ins. Co.
    • United States
    • U.S. District Court — Eastern District of Texas
    • December 16, 2019
    ...Christi 1994, writ denied) (citing Lyons v. Montgomery , 701 S.W.2d 641, 643 (Tex. 1985) ; accord McGinnes Indus. Maint. Corp. v. Phoenix Ins. Co. , 477 S.W.3d 786, 796 n.2 (Tex. 2015) ; see Northfield Ins. Co. v. Herrera , 751 F. App'x 512, 515-16 (5th Cir. 2018). Whether the court agrees ......
  • Pa. Manufacturers' Ass'n Ins. Co. v. Johnson Matthey, Inc.
    • United States
    • Pennsylvania Commonwealth Court
    • November 19, 2020
    ...an administrative "suit" that triggers an insurer's duty to defend.8 One such case is McGinnes Industrial Maintenance Corporation v. Phoenix Insurance Company , 477 S.W.3d 786 (Tex. 2015), where the Texas Supreme Court adopted the majority view in holding that "suit" includes a CERCLA proce......
  • Thomas v. State Farm Lloyds
    • United States
    • U.S. District Court — Northern District of Texas
    • November 2, 2016
    ..." Apache Corp. v. Great Am. Ins. Co. , 2016 WL 6090901 at *3 (5th Cir. Oct. 18, 2016) (quoting McGinnes Indus. Maint. Corp. v. Phoenix Ins. Co. , 477 S.W.3d 786, 794 (Tex. 2015) ).2. The terms of the PolicyThe Policy3 provides in pertinent part:SECTION I—LOSSES INSUREDCOVERAGE A—DWELLING.........
  • Waste Mgmt., Inc. v. Aig Specialty Ins. Co.
    • United States
    • U.S. District Court — Southern District of Texas
    • March 28, 2019
    ...Test?At oral argument, Waste Management contended that the Court must "look at the realities," citing McGinnes Indus. Maint. Corp. v. Phoenix Ins. Co. , 477 S.W.3d 786 (Tex. 2015).55 According to Waste Management, the DOJ was "obviously ... seeking a remedy of some sort" with the indictment......
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