No Evidence That Pollution Liability Insurer Breached Contract, Texas Panel Says

Mealey's (September 3, 2020, 9:47 AM EDT) -- DALLAS — The Fifth District Texas Court of Appeals on Aug. 28 affirmed a trial court's judgment in favor of a pollution liability insurer on breach of contract claims because there is no evidence that the insurer breached the terms of its policy in determining coverage owed to the insured for a gas leak; however, the panel reversed the trial court's judgment on the extracontractual claims as they were not addressed in the insurer's motions for summary judgment (Orange Cup Drive In LLC v. Mid-Continent Casualty Co., No. 05-1900014-CV, Texas App., 5th Dist., 2020 Tex. App. LEXIS 6993)....