Utica National Insurance Company of Texas, Petitioner v. American Indemnity Company and Texas Property & Casualty…

Summary

The Texas Supreme Court held that Utica National Insurance Company had a duty to defend the doctors' association under its commercial general liability policy because the pleadings alleged both professional and non‑professional negligence, but it reversed the lower court's grant of summary judgment on indemnity and remanded for factual determination of whether the injury was caused by a breach of the professional standard of care. Justice Hecht dissented, arguing that the exclusion should bar both defense and indemnity.