The Facts: Eddie Siegmund was injured in an automobile collision caused by the negligence Mariana Esquivel. Siegmund subsequently filed suit. Star-Tex Resources and Esquivel sought a defense from Granite State Insurance Company under a CGL policy. Granite State denied a defense based on the policy's auto use exclusion. Star-Tex and Esquivel then filed a declaratory action seeking a defense and indemnity from Granite State. Both sides moved for summary judgment on defense and indemnity.
It's not what you think. I am not here to talk about the propriety of what a daycare charges to take care of a loved one. Instead, I want to talk to you about who defends a daycare when it is alleged to have injured someone in Texas. The resolution of that issue is not as simple as saying the attorney the insurance carrier selects. Below is a factual scenario we will work through.