Texas Supreme Court

Roy Seger, Petitioners v. Yorkshire Insurance Co., Ltd., and Ocean Marine Insurance Co., Ltd, Respondents

June 17, 201659 Tex. Sup. Ct. J. 1208

Summary

The Texas Supreme Court held that Randall Seger was a leased‑in worker, so his death was excluded from coverage under Diatom’s commercial general liability policy, and affirmed the Court of Appeals judgment that the Segers take nothing. The decision rested on a de novo review of the coverage issue and the insurer’s inability to enforce policy exclusions despite being an eligible surplus‑lines insurer.