An insurance company is suing to clear its duty from defending or indemnifying certain parties in an underlying lawsuit.
BITCO General Insurance Corporation filed a lawsuit June 23 in the Houston Division of the Southern District of Texas against Allen Loggins & Sons, Allen Loggins Jr., A. H. Baker Services, Kristi L. Baker and Adrian H. Baker, alleging it has no duty to defend or indemnify any parties in an underlying suit.
In an underlying lawsuit, the Bakers and A. H. Baker Services are suing Loggins and Allen Loggins & Sons over claims they violated an agreement, tortiously interfered with A. H. Baker's contractual agreements with Webber, and defamed and disparaged A. H. Baker and the Bakers.
BITCO argues it should not be obligated to defend or indemnify Loggins or Allen Loggins & Sons in the underlying suit, on grounds its policies insuring Loggins and Allen Loggins & Sons do not provide coverage for the kind of claims made against them in the underlying suit.
BITCO seeks a judgment declaring it does not owe a duty to defend or indemnify the parties in the underlying suit, plus attorney fees and court costs. It is represented by attorney William David Farmer of Curney, Farmer, House & Osuna in San Antonio.
Houston Division of the Southern District of Texas case number 4:15-cv-01775