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Carnes Funeral Home, Inc. v. Allstate Ins. Co.

Carnes Funeral Home, Inc. v. Allstate Ins. Co.

United States District Court for the Southern District of Texas, Houston Division

December 23, 2020, Decided; December 23, 2020, Filed

CIVIL ACTION H-20-780

Opinion

 [*911]  Memorandum Opinion and Order

Pending before the court are the following motions: (1) a motion for summary judgment filed by plaintiff Carnes Funeral Home, Inc. ("Carnes") (Dkt. 11); (2) a motion for leave to file an amended answer and counterclaim filed by defendant Allstate Insurance Company ("Allstate") (Dkt. 12); and (3) a motion for summary judgment filed by Allstate (Dkt. 16). Having considered the motions, responses, supplements to the motions for summary judgment (Dkts. 20-21), replies, and the applicable law, the court is of the opinion that Carnes's motion for summary judgment (Dkt. 11) should be GRANTED; Allstate's motion for summary judgment (Dkt. 16) should be GRANTED IN PART AND DENIED IN PART; and (3) Allstate's motion to amend (Dkt. 12) should be GRANTED [**2]  AS UNOPPOSED IN PART AND DENIED PART.

I. Background

This case is about whether a funeral home's insurer has a duty to defend and indemnify it in a state-court case relating to the funeral home's alleged negligence. Carnes purchased a Commercial General Liability Policy with a Funeral Directors Liability Coverage Endorsement (the "Policy") from Allstate. Dkt. 1. The term of coverage was July 24, 2017, through July 24, 2018. Id. The plaintiff in the underlying lawsuit filed its claim against Carnes in the 80th Judicial District Court of Harris County, Texas, and Carnes requested that Allstate provide for its defense under the Policy. Id. Allstate agreed to defend Carnes but reserved its rights to withdraw the defense. Dkt. 11, Ex. C.

Carnes filed this lawsuit on March 4, 2020, seeking a declaratory judgment that Allstate has a duty to defend Carnes in the underlying lawsuit under the Policy. Dkt. 1. Allstate filed an answer, and it now seeks to file an amended answer that includes a counterclaim. Dkts. 5, 12. The  [*912]  parties have also filed cross motions for summary judgment. Dkts. 11, 16.

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509 F. Supp. 3d 908 *; 2020 U.S. Dist. LEXIS 241487 **; 2020 WL 7646306

CARNES FUNERAL HOME, INC., Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant.

CORE TERMS

Coverage, professional services, funeral director, duty to defend, mental anguish, bodily injury, property damage, duty to indemnify, argues, underlying lawsuit, funeral home, asserts, insurer, summary judgment motion, transporting, removal, declaration, wrongful act, professional services rendered, counterclaim, no duty, checklist, contends, training, allegations, indemnify, door, embalmer, courts, insurance policy

Civil Procedure, Judgments, Summary Judgment, Burdens of Proof, Entitlement as Matter of Law, Burdens of Proof, Nonmovant Persuasion & Proof, Movant Persuasion & Proof, Entitlement as Matter of Law, Genuine Disputes, Insurance Law, Obligations of Parties, Insurers, Allegations in Complaints, Liability & Performance Standards, Good Faith & Fair Dealing, Duty to Defend, Property Insurance, Obligations, Business Insurance, Commercial General Liability Insurance, Evidence, Allocation, Procedure, Evidence & Trial, Indemnification, Motor Vehicle Insurance, Policy Interpretation, Ambiguous Terms, Construction Against Insurers, Claim, Contract & Practice Issues, Entire Contract, Torts, Malpractice & Professional Liability, Professional Services, Ordinary & Usual Meanings, Pleadings, Amendment of Pleadings, Leave of Court