Defendants’ Motion for Judgment on the Pleadings Granted – No Coverage

Originally published by Michael C. Smith .

Regency Title Company, LLC v. Westchester Fire Insurance Company, 5 F.Supp.3d 836 (E.D.Tex. 2013)

Judge: Richard Schell

Holding: Defendants’ Motion for Judgment on the Pleadings Granted

This is an insurance coverage case. The parties filed cross – motions for judgment on the pleadings under Rule 12(c) asserting that coverage exists/does not exist in the plaintiff’s breach of contract action against the defendant insurers.

Finding that the policy unambiguously indicated that it did not cover claims made before the inception of the policy, and finding that the claim in the underlying lawsuit was asserted prior to the inception of the policy, Judge Schell concluded that the plaintiff’s declaratory judgment and breach of contract action could not survive the defendants motion for judgment on the pleadings.

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