Judge Gray Miller for the United States District Court for the Southern District of Texas, Houston Division, recently ruled for Arnold & Placek, P.C. on cross-motions for summary judgment concerning an insurance coverage dispute over a pre-natal injury. A pregnant employee, while working for a group home for disabled children, was struck in the stomach. She later sued the group home in Texas state court on behalf of her child, who was born prematurely with mental and physical injuries. While the employers’ liability carrier assumed defense of the group home in the underlying lawsuit, the group home’s commercial general liability carrier denied both defense and indemnity. On cross-motions for summary judgment, Arnold & Placek P.C., on behalf of the employers’ liability carrier, argued that the general liability carrier shared a duty to defend because the child was alleged to suffer an injury, in part, that was not a result of any injury to the parent-employee. The court granted the employers’ liability carrier’s motion and denied the general liability carrier’s motion, holding that the general liability carrier had a duty to share in the defense of the group home in the underlying lawsuit.
This is the first written opinion in Texas addressing insurance coverage of pre-natal injuries sustained while the parent-employee was in the course of their employment. The court’s opinion can be found at https://law.justia.com/cases/federal/district-courts/texas/txsdce/4:2017cv00886/1419773/28/.
Arnold & Placek P.C. partner R. Scott Placek represented the employers liability carrier in the United States District Court for the Southern District of Texas, with briefing on the cross-motions for summary judgment also worked on by senior counsel Scott K. Arnold and associate Jonathan Chaltain.
