Originally published by David Coale.
Orange Cup Drive In LLC v. Mid-Continent Casualty Co. illustrates the application of the rules about the grounds for summary judgment motions:
- General rule. “Granting summary judgment on a claim not addressed in the motion is, as a general rule, reversible error.’ The supreme court has recognized a harmless error exception to this rule “when the omitted cause of action is precluded as a matter of law by other grounds raised in the case.” (citations omitted).
- Insurance law. “[S]ome claims for common law or statutory violations may exist even where there is no coverage under the policy.”
- Thus: “Where the motion is silent on grounds for summary judgment for the extracontractual claims—and particularly where the motion specifically recites that the claims will be addressed by a separate motion later—we cannot determine whether ‘the omitted cause of action is precluded as a matter of law by other grounds raised in the case.’”
No. 05-19-00014-CV (Aug. 28, 2020) (mem. op.)
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