Even though the District Court for the Western District of Texas agreed with the insured that an insurer could not assert an affirmative defense, the determination was moot because the insurer had already withdrawn its use of that defense. The case is Loya Cas. Ins. Co. v. Certain Underwriters at Lloyds, 2024 U.S. Dist. LEXIS 39925 (W.D. Tex. 2024).
The Underlying Action
Loya Casualty Insurance (Loya) insured Gabriel Juarez, who was “undisputedly at fault” for an auto accident with Terrence Rosenbalm (Rosenbalm). Loya settled with Rosenbalm for the applicable policy limit. However, the terms of the settlement included a condition that Rosenbalm release Loya from future liability.
This premium content is locked for FC&S Coverage Interpretation Subscribers
Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.
- Quality content from industry experts with over 60 years insurance experience, combined
- Customizable alerts of changes in relevant policies and trends
- Search and navigate Q&As to find answers to your specific questions
- Filter by article, discussion, analysis and more to find the exact information you’re looking for
- Continually updated to bring you the latest reports, trending topics, and coverage analysis
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected]