Nat’l Liab. & Fire Ins. Co. v. L. Chavez Autobuses Inc.

Full title: NATIONAL LIABILITY & FIRE INSURANCE COMPANY, Plaintiff, v. LOS CHAVEZ AUTOBUSES INC and ANTONIA COMPEAN, Defendants.

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Date published: Mar 10, 2021

Facts

Los Chavez has a business auto insurance policy with National Liability. The policy requires National Liability to pay “all sums” that Los Chavez “legally must pay as damages . . . caused by an ‘accident’ and resulting from the ownership, maintenance or use of a covered ‘auto.'” 1-2 at 22. The policy defines an accident as “continuous or repeated exposure to the same conditions resulting in bodily injury or property damage.” Id. at 30 (internal quotations omitted).

Issue

Decision

The motion by Plaintiff National Liability & Fire Insurance Company for summary judgment against Defendants Los Chavez Autobuses, Inc and Antonia Compean is GRANTED. Dkt 9.

National Liability must submit a proposed form of final judgment by March 26, 2021.

Nothing here constitutes a ruling on the merits of the state-court action by Compean against Los Chavez and the unidentified driver for Autobuses El Refugio. And nothing here precludes action by her against any insurance provider for El Refugio as to accidents occurring in Mexico or against Los Chavez and its driver, Luis Perez, for the alleged failure of the former to seek prompt aid in the United States. Perhaps such conduct is actionable. The ruling here establishes only that such claims aren’t covered by the at-issue insurance policy.

SO ORDERED.

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