DALLAS - The Fifth Court of Appeals recently affirmed a summary judgment ruling in favor of the Mid-Continent Casualty Company in an insurance lawsuit.
The lawsuit was brought by Orange Cup Drive over a dispute about insurance coverage for environmental cleanup costs.
Court records show that the trial court granted summary judgment for MCC on Orange Cup’s claims for violations of the Insurance Code and the Prompt Payment Act, deceptive trade practices, bad faith and fraud.
On appeal, Orange Cup argued that the trial court erred by granting summary judgment because it raised genuine issues of material fact on its extracontractual claims.
On Jan. 5, the Fifth Court affirmed the trial court’s ruling, concluding that MCC established its right to judgment as a matter of law.
“Because Orange Cup did not raise a genuine issue of material fact in response to MCC’s motion, the trial court did not err by granting summary judgment,” the opinion states.
Case No. 05-21-00448-CV