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Arnold & Placek Obtains Summary Judgment on Duty to Defend Multiple-Fatality Claim

In the 200th District Court of Travis County, Texas

Arnold & Placek, P.C. recently obtained a summary judgment on behalf of Texas Mutual Insurance Company regarding its duty to defend Texas HVAC Installers in an underlying wrongful death lawsuit. After three Texas HVAC employees died in a fire on their jobsite, their estates brought claims against Texas HVAC for wrongful death damages arising out of Texas HVAC’s alleged negligence and gross negligence.

On summary judgment, Arnold & Placek established, as a matter of law, that Texas Mutual had properly cancelled the insurance policy it had issued to Texas HVAC six days before the accident. As a result, Judge James Carroll ordered that Texas Mutual had no duty to defend or indemnify Texas HVAC in the underlying lawsuit. Texas Mutual was represented by Scott Placek and Jon Chaltain of Arnold & Placek. Jon Chaltain argued and obtained the ruling on summary judgment for Texas Mutual.

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