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Mt. Hawley Ins. Co. v. Pioneer Creek B LLC

Insurer Need Not Defend, Indemnify Property Owners in Texas Personal Injury Action

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Opinion and Order Plaintiff Mt. Hawley Insurance Company (“Mt. Hawley” or “Plaintiff”) brings this action for declaratory judgment against Defendant Pioneer Creek B LLC (“Pioneer Creek”) and its parent company Ambo Properties, LLC (“Ambo”) (collectively “Defendants”). Mt. Hawley seeks a declaration from this Court declaring that it has no duty to defend or indemnify Defendants in connection with a negligence action in Texas state court. Despite having been served the summons and declaratory judgment complaint in this action, Defendants failed to answer or otherwise respond. Plaintiff now moves for default judgment against Defendants. For the reasons herein, the motion is GRANTED. BACKGROUND Plaintiff brought this declaratory judgment action seeking a declaration about its legal obligation to cover defense and indemnification costs of Defendants, its insureds, in a civil state action brought by a person injured while performing work on Defendants’ premises. On July 16, 2019, Carlos Iraheta (“Iraheta”) suffered a serious leg injury after falling from a ladder during a roofing job on the premises of Pioneer Creek. On August 30, 2019, he filed a negligence suit in the District Court of Dallas County, Texas (Cause No. DC-19-13691) against Pioneer Creek, and later amended to name Ambo as well (the “Underlying Action”).1 Compl.

14, Ex. 1-2. In that action, Iraheta seeks damages for medical costs, as well as for physical and mental pain, resulting from his injury. Iraheta was retained by Pedro Bergos (“Bergos”) to perform the roofing work at issue in the Underlying Action and was working for Bergos during the alleged incident. Compl.

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