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NAUTILUS INS. v. CONCIERGE CARE NURSING CENTERS

Civil Action No. H-10-2243.

804 F.Supp.2d 557 (2011)

NAUTILUS INSURANCE COMPANY, et al., Plaintiffs, v. CONCIERGE CARE NURSING CENTERS, INC., et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

April 8, 2011.

Attorney(s) appearing for the Case

John Charles Tollefson, Stephen A. Melendi, Tollefson Bradley Ball & Mitchell, LLP, David M. Pruessner, Attorney at Law, Dallas, TX, George B. Hall, Jr., Phelps Dunbar, New Orleans, LA, Robert Tresch Owen, Phelps Dunbar, Houston, TX, for Plaintiffs.

Melvin Michael Meyer, The O'Quinn Law Firm, Houston, TX, Veronica Martinsen Bates, Edward Alexander Shilliday, Hermes Sargent et al., Dallas, TX, for Defendants.

MEMORANDUM AND ORDER

NANCY F. ATLAS, District Judge.

This insurance coverage case is before the Court for consideration of whether, as a matter of Texas law, an insurer's alleged breach of the duty to defend1 estops the insurer from asserting an anti-assignment provision in connection with its duty to indemnify. All other issues in the case were previously decided in...

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