Insurance company asks court to protect it from defending man

Kelly Holleran Dec. 3, 2012, 7:56pm

An insurance company has filed suit against one of its policy holders, alleging it should not be held responsible for defending the man after he violated his insurance contract. 

Santa Fe Insurance Co. claims defendant Christopher Herring violated an insurance contract with it after he failed to notify Santa Fe about a lawsuit defendant Bobby Anderson filed against him on March 2, 2011. Anderson had filed the suit following a collision with Herring, according to the current complaint.

“Plaintiff seeks a judicial declaration that it has no further duty to defend or indemnify under the policy,” the suit filed Nov. 25 in Jefferson County District Court states.

At the time of the lawsuit, Herring had an automobile insurance policy through Santa Fe, the complaint says.

In its complaint, Santa Fe is seeking a judgment declaring that it does not have to defend Herring in Anderson’s lawsuit against him or to pay Anderson proceeds from Herring’s insurance policy. It also seeks costs, attorney’s fees and other relief the court deems just.

Kimberley M. Spurlock of The Spurlock Law Firm in Humble will be representing it.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Case No. A193-632

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