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Hartford Casualty Insurance Company v. Powell

United States District Court for the Northern District of Texas
19 F. Supp. 2d 678 (N.D. Tex. 1998)


Facts

On January 7, 1995, Hartford Casualty Insurance Company (Hartford) (plaintiff) issued a commercial auto-insurance policy to the employer of Eilene Powell (defendant). On July 29, 1997, while driving a vehicle covered by this policy, Powell was involved in an accident with Larry Gann. Gann filed suit against Powell in the 96th Judicial District of the District Court of Tarrant County in Texas, seeking actual damages for injuries sustained during the accident and punitive damages sustained due to Powell’s gross negligence. Gann alleged that Powell was intoxicated during the accident and drove recklessly. Subsequently, Hartford filed a separate suit against Powell, seeking a declaration that Hartford was not liable for the punitive damages that might be awarded to Gann in his action against Powell. Hartford filed a motion for partial summary judgment.

Rule of Law

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Issue

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Holding and Reasoning (McBryde, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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