(DOWNLOAD) "Bradleys Electric Inc. v. Cigna Lloyds Insurance Co." by Texas Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Bradleys Electric Inc. v. Cigna Lloyds Insurance Co.
- Author : Texas Supreme Court
- Release Date : January 10, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The question in this case is whether the court of appeals erred by remanding the case to the trial court without considering and deciding an issue upon which it could have rendered judgment. This case is an insurance duty to defend and duty to indemnify case. In the underlying action, Copeland Corporation accused Bradleys Electric, Inc. of violating several of its patents. Bradleys Electric sells "DISCUS" repair part kits for the repair of the valve plate assemblies of compressors patented and sold by Copeland. Copeland charged that Bradleys Electric was a contributory patent infringer because these repair kits may be used by purchasing customers to remanufacture Copeland compressors. Bradleys Electric sought coverage from its primary insurance carrier, Cigna Lloyds Insurance Company, under the advertising injury provision of its insurance contract. Cigna Lloyds refused to cover Bradleys Electrics claim and filed a declaratory judgment action in a Harris County district court. Bradleys Electric filed a counterclaim, arguing that Cigna Lloyds has a duty to defend and a duty to indemnify it against damages. Bradleys Electric also filed a third party petition joining its umbrella insurance carriers, United National Insurance Company and Texas Pacific Indemnity Company. Bradleys Electric also successfully challenged venue in Harris County.