HOUSTON -- An insurance company is suing a metal recycler, seeking a declaratory judgment that it does not have to pay a claim.

Canopius US Insurance, with offices in Illinois, filed a lawsuit Sept. 18 in the Houston Division of the Southern District of Texas against Texas Metal Scrap Recyclers LLC of Houston.

According to the complaint, Canopius is under no obligation to provide coverage for a personal injury accident that took place Feb. 26, on the property of Technip USA Inc in Sulphur, La. 

The suit alleges the only entity listed in the policy declarations is Texas Metal Scrap Recyclers, not any of the three other names the defendant also operates under, that the business conducted by the defendant falls outside the scope of the policy, that the policy does not provide coverage for injury that involved the use of an automobile, and that coverage also is not available if the injury is excluded under another coverage clause.

Canopius seeks a declaration and judgment that it has no obligation to pay a personal injury claim that resulted from the use of a pick-up truck, plus attorney fees and court costs. It is represented by attorney Robbie A. Moehlmann of Donato, Minx, Brown Pool PC in Houston.

Houston Division of the Southern District of Texas Case number 4:15-cv-02724

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