[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
On Petition for Review from the Court of Appeals for the Thirteenth District of Texas 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' Electric's 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. After a transfer of venue from Harris to Nueces County, the trial court granted Bradleys' Electric's motion for summary judgment against all three insurance companies on the grounds that the advertising injury section of the insurance contracts covered patent infringement claims. The insurance companies appealed, raising two points of error. First, they challenged the trial court's judgment that they had a duty to defend Bradleys' Electric in the underlying patent infringement suit. Second, they challenged the transfer of venue from the Harris County district court. The first point would result in a rendition of judgment in their favor, while the second would result in a remand in their favor.