Tejas Specialty Group, Inc. and Tejas Specialty Concrete Coatings, LLC v. United Specialty Insurance Company

• Court: Court of Appeals of Texas
• Decided: June 3, 2021
• Docket: 02-20-00085-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-20-00085-CV

TEJAS SPECIALTY GROUP, INC. AND § On Appeal from the 17th District Court TEJAS SPECIALTY CONCRETE COATINGS, LLC, Appellants § of Tarrant County (017-313064-19)

V. § June 3, 2021

UNITED SPECIALTY INSURANCE COMPANY, Appellee § Memorandum Opinion by Justice Wallach

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was error in the trial court’s judgment. We reverse the trial court’s judgment granting

Appellee United Specialty Insurance Company’s Motion for Summary Judgment and

denying Appellants Tejas Specialty Group, Inc. and Tejas Specialty Concrete Coatings,

LLC’s Motion for Partial Summary Judgment as to United, and we render judgment in

favor of Tejas that United had a duty to defend it regarding Icon Builders, LLC’s Third-Party Petition and that United breached that duty by failing to defend Tejas

when requested. We remand this case to the trial court for further proceedings

consistent with this opinion.

It is further ordered that Appellee United Specialty Insurance Company shall

pay all of the costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By _/s/ Mike Wallach___________________ Justice Mike Wallach