Texas Supreme Court
Zurich American Insurance Company, Federal Insurance Company, and National Union Fire Insurance Company…
August 29, 200851 Tex. Sup. Ct. J. 1340
Summary
The Texas Supreme Court affirmed that Zurich American, Federal Insurance, and National Union Fire have a duty to defend Nokia in the four MDL cases because the complaints allege bodily injury and damages because of bodily injury, but held that the duty to defend in the Naquin case ended when the plaintiffs filed a second amended complaint that unambiguously excluded coverage. Justice Hecht, dissenting, argued that the complaints do not state claims for damages because of bodily injury.