Last year the Texas Supreme Court decided whether an employer can be liable for negligent hiring and supervision despite no employee causing any harm to a Plaintiff. Wansey v. Hole, 379 S.W.3d 246 (Tex. 2012).
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.