On January 17, 2014, the Texas Supreme Court issued a key ruling
clarifying the scope of contractual liability exclusions in
insurance policies. In Ewing Const. Co., Inc. v. Amerisure Ins.
Co., 2014 WL 185035 (Tex. Jan. 17, 2014), the court held
contractual liability exclusions in a commercial general liability
(CGL) insurance contract do not preclude coverage when a contractor
agrees to perform its work in a good and workmanlike manner,
without assumption of additional liability.
The coverage issue arose out of the United States District Court
for the Southern District of Texas' holding that Amerisure
Insurance Company ("Amerisure") had no duty to defend or
indemnify Ewing Construction Company ("Ewing") in a
lawsuit brought by Tuloso-Midway School District alleging defective
work in the construction of tennis courts. The court held
Ewing's agreement in the contract to perform all work in a
"good and workmanlike manner" constituted the
"assumption of liability in a
