Cases

A bankruptcy court of the Northern District of Texas granted an insurer’s motion to dismiss a Chapter 11 debtor’s adversary proceeding alleging breach of contract and insurance code violations for failure to tender a defense, holding that the insurer owed no duty to defend or indemnify because the policy, which had been issued to the debtor’s subcontractor, only required the insurer to defend and indemnify additional insureds for vicarious liability imposed as a result of the named insured’s sole negligent conduct, but that the underlying lawsuit only alleged negligence against the debtor and not the subcontractor.