Tejas Specialty Group, Inc. and Tejas Specialty Concrete Coatings, LLC v. United Specialty Insurance Company ( 2021 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-20-00085-CV
TEJAS SPECIALTY GROUP, INC. AND § On Appeal from the 17th District Court
TEJAS SPECIALTY CONCRETE
COATINGS, LLC, Appellants
§ of Tarrant County (017-313064-19)
V.
§ June 3, 2021
UNITED SPECIALTY INSURANCE
COMPANY, Appellee § Memorandum Opinion by Justice Wallach
JUDGMENT
This court has considered the record on appeal in this case and holds that there
was error in the trial court’s judgment. We reverse the trial court’s judgment granting
Appellee United Specialty Insurance Company’s Motion for Summary Judgment and
denying Appellants Tejas Specialty Group, Inc. and Tejas Specialty Concrete Coatings,
LLC’s Motion for Partial Summary Judgment as to United, and we render judgment in
favor of Tejas that United had a duty to defend it regarding Icon Builders, LLC’s
Third-Party Petition and that United breached that duty by failing to defend Tejas
when requested. We remand this case to the trial court for further proceedings
consistent with this opinion.
It is further ordered that Appellee United Specialty Insurance Company shall
pay all of the costs of this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By _/s/ Mike Wallach___________________
Justice Mike Wallach