Cases

Roofing Designs by JR, LLC v. Kinsale Insurance Co.

Court

ND Tx

Publish Date

01/20/2026
A bankruptcy court in an adversary proceeding in the Northern District of Texas granted a liability insurer’s motion to dismiss claims of failure to defend causes of action for bad faith, good faith and fair dealing, negligence, declaratory judgment and breach of contract by a named insured who alleged it also was an additional insured with the same insurer under a subcontractor’s policy, finding that the additional insured endorsement’s sole negligence and vicarious liability requirements precluded additional insured status, and finding the claims pleaded as the named insured lacked basis in law or alleged fact.
commercial liability policy, motion to dismiss, declaratory judgment, duty to defend, adversary proceeding, good faith and fair dealing, negligence, breach of contract, equitable subrogation, contractual subrogation, bad faith, statutory bad faith, additional insured, extrinsic evidence, FRCP 8, FRCP 9, FRCP 12, Fed. Bankruptcy Rules 7008, 7009, 7012