January 27, 2014

 In Ewing Construction Co. Inc. v. Amerisure Ins. Co., 2014 WL 185035 (Tex. 2014), the Tuluso-Midway Independent School District (TMSID) contracted for Ewing to construct tennis courts at a school in Corpus Christi.

 Ewing held a commercial package insurance policy with Amerisure that included CGL coverage. Under the policy, Amerisure assumed two duties, subject to the policy's exclusions: (1) “the duty to defend suits seeking damages from Ewing for an event potentially covered by the policy, and (2) the duty to indemnify Ewing by paying covered claims and judgments against it.” It excluded “'bodily injury' or 'property damage' for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement,” but excepted from that exclusion certain contractual obligations to pay for another party's tort liability.