GALVESTON – An insurance company is seeking declaration from the court in a dispute over insurance coverage.
Atlantic Casualty Insurance Co. filed a
complaint in the
of the Southern District of Texas seeking a declaration that it owes no duty to defend or
indemnify Blu Shields Construction LLC, its associated entities, or the
counter-defendants associated with lawsuits against Blu Shields
The action comes out from several suits filed against Arnold
“Blu” Shields, the owner of Blu Shields Construction, the suit states. Blu Shields was allegedly
deceptive, dishonest and committed acts of fraud. Two of the defendants,
Suzanne Hubbard and Daniel Jurgen, allegedly had numerous problems with their home
Shields had built, including water drainage, improper electrical wiring, leaks
in the roof, and porch rails not installed properly.
Atlantic Casualty argues that the policy coverage of Blu
Shields covers bodily injury and property damage caused by an “occurrence”
that a qualifying insured is legally obligated to pay. However, the language of
the limited coverage makes it so the claims against Blu Shield are not
“occurrences” resulting in defined property damage, the plaintiff alleges.
Atlantic Casualty is seeking a declaration that it owes no
duty to defend or indemnify the defendants, the costs of court, interest
allowed by law for prejudgment or post-judgment interest, and any
reimbursements the court deems proper. The plaintiff is represented by Savrick,
Schumann, Johnson, McGarr, Kaminski & Shirley LLP of Dallas.
of the Southern District of Texas
Case number 3:16-cv-00237