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Historical Court Cases

Mid-Continent v. JHP Development Amicus
Whether “business risk” exclusions in Commercial General Liability policies exclude coverage for damage to a contractor’s non-defective work even if caused by his own defective work.

HC Beck, Ltd. v. Charles Rice Amicus Brief
OCIPs and workers compensation - The Court reverses the court of appeals' judgment and renders judgment. 

Entergy Gulf States, Inc. v. John Summers
Whether a premises owner can also be a "general contractor" under the Labor Code and thus qualify for the exclusive-remedy defense in a workers' comp case. The Court reverses the court of appeals' judgment and renders judgment. Click here for concurring and dissenting opinions.

Don’s Building Supply v. OneBeacon Insurance Company
Installation of defective EFIS - The Supreme Court applied the "actual injury" trigger to determine when property damage occurs for purposes of continuing property losses.

Satterfield & Pontikes Construction, Inc. v. Irving Independent School District
The Supreme Court reversed the judgment of the court of appeals.

Clack v. Galveston ISD
Job order contracts and the definition of "minor" construction.  An agreement has been reached on this case. 

Reliance National v. Advanced Temporaries Houston - Court Ruling
Whether a temporary employment service has lien rights - The Supreme Court found that Advanced Temporaries had lien rights. The court also said that although the temporary service was not responsible for supervision or quality of work, it retained aspects of control over the workers. Click here for court ruling.

Lamar Homes v. Mid-Continent Ruling
Whether general liability insurance covers a construction defect - The Supreme Court’s ruling, issued in late 2007, ruled for the policy holders, the court held that coverage is inherent in the policy, unless changed by policy terms.

Weekley Homes v. Forsting and Von Bargen
Arbitration clauses in construction contracts - The court held that since Von Bargen obtained substantial actions from Weekley by demanding compliance with provisions of the contract, she cannot equitably object to the arbitration clause attached to them.

Shirley Neeley, Texas Commissioner of Education, Et Al. v. West Orange-Cove Consolidated ISD, Et Al.
Whether the funding of Texas public schools violates the state constitution.  The Supreme Court ruled that the funding method is indeed unconstitutional. Click here to see the court's complete decision.

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