Insurer’s Suit Over Defects Coverage Should Be Dismissed, Magistrate Judge Recommends
(May 2, 2016, 10:12 AM EDT) -- AUSTIN, Texas — A commercial general liability insurer’s declaratory judgment lawsuit with regard to an underlying construction defect case should be dismissed on the basis that the case lacks ripeness and jurisdiction, a federal magistrate judge in Texas recommended April 28 (Mid-Continent Casualty Co. v. Christians Development Company, Inc. and Aquarena Plaza, LLC, No. 16-31, W.D. Texas; 2016 U.S. Dist. LEXIS 56973).
(Report and recommendations available. Document #69-160506-016Z.)
In April 2009, Aquarena Plaza LLC hired Christians Development Co. Inc. to build a three-building multiuse shopping center...