Cases

Century Surety Company v. RTI Services, LLC

Court

WD Tx

Publish Date

02/24/2025
Where an excess insurer sought a declaration that it had no duty to indemnify based on the insured’s breach of a notice condition, a court for the Western District of Texas held that the duty to indemnify was not yet justiciable because the excess insurer had no defense obligation, and thus the court lacked subject matter jurisdiction.
commercial excess insurance, notice condition, duty to indemnify, FRCP 12(b)(1), FRCP 12(b)(6), justiciable, lack of jurisdiction, motion to dismiss