FOLLOW US

Mon

August 31, 2026

America October 14, 2022 4 mins read

Hudson Insurance Relies On Recent Texas ‘8 Corners’ Decision for Big Win

America ı By Samuel Lopez

0 Comments

Kelly Warner Law Firm – Legal Misconduct

In the case of Hudson Insurance Co. v. BlaMar Trucking Inc. et al., case number 1:22-CV-00096, in the U.S. District Court for the Southern District of Texas, the court will hear testimony and receive evidence and answer the question of whether or not Hudson Insurance Company has a duty to defend its policyholder based on the policy's exclusion clause.

Hudson Insurance Co. claims that a trucking company that it insured is not covered under its policy which involved an underlying personal injury lawsuit that was filed by one of its employees. In its complaint, Hudson argued that the recent Texas Supreme Court ruling (also known as the “8 Corners Rule”) allows an insurer to introduce “extrinsic evidence” into the record in order to argue against the insurer's "duty to defend" coverage.

Hudson’s attorney, Ken E. Kendrick of Sutter & Kendrick PC, argued in his amended complaint filed on Thursday that it has extrinsic evidence that will show that the personal injury lawsuit that was filed against the policyholder, BlaMar Trucking Inc. and one of its employees, a driver for the company, was actually initiated by a separate employee of the trucking company, which according to Hudson, triggered them to invoke the policy exclusion, essentially refusing to defend the trucking company or its employee in the personal injury action filed against them.

Hudson’s amended complaint argued that "The allegations in the underlying lawsuit, together with the unpled extrinsic facts, are subject to the policy's employer liability exclusion.”

Hudson’s counsel argues that the Texas Supreme Court's recent decision in February 2022, in the case of Bitco General Insurance Co. v. Monroe Guaranty Insurance Co., allows insurers to introduce, and for a judge to look at evidence that was not pled in a complaint, or written into a policy. This ruling became known as “the eight corners rule” in determining whether or not an insurance company has a duty to defend it's insured.

Attorney Kendrick told the court that Hudson initially agreed to represent BlaMar and Antonio G. Villarreal Lozano against the allegations of Esequiel Ybarra because it was unaware of Ybarra's employment status. Hudson argues that Ybarra’s complaint did not mention that he was also employed by the trucking company. Hudson claims that if it had known sooner that Ybarra was also employed by the trucking company, it would have immediately invoked the exclusion clause.

According to Hudson’s court pleadings, it says it discovered that Mr. Ybarra and Mr. Lozano were both employed by BlaMar through testimony given in the underlying lawsuit. Mr. Ybarra’s complaint alleged that he suffered injuries while he was in the passenger seat of the tractor-trailer operated by Lozano when he lost control causing injuries and property damage.

BlaMar had a commercial auto policy issued by the Hudson Insurance Company which contains an employer's liability exclusion that allows Hudson to deny coverage for bodily injury to any BlaMar employee "arising out of and in the course of" their employment or while performing employment-related duties, according to the terms and conditions of the policy, which Hudson included in its amended complaint.

The language of the policy also includes a clause known as the “fellow employee exclusion,” which according to Hudson’s attorney, is the basis for denying coverage for Ybarra's claims against Lozano.

Hudson’s attorney is seeking an order from the Texas federal court finding that it has no duty to defend BlaMar or Lozano, against Ybarra’s suit. Attorney Kendrick is arguing that the extrinsic evidence related to Ybarra's employment status is permitted under the Texas Supreme Court's ruling in the Bitco case.

The Bitco ruling authorizes the court to consider extrinsic evidence, which in the context of contract law, is evidence that relates to a contract but that does not appear on the “four corners” of the contract, because it comes from a source other than that which involved the setting in which the parties negotiated the contract.

The Bitco ruling allows for the introduction of extrinsic evidence in three circumstances: 1). when the evidence does not involve the merits of liability 2). The evidence does not contradict the pleadings in an underlying lawsuit against the policyholder, and 3). The evidence will clearly establish whether or not there is coverage.

Previous Article

Zurich Denies Snack Giant’s Claim Based on “Warlike” Exclusion

Read More
1730 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America August 28, 2026
Blood Moon Total Lunar Eclipse Lights…

The moon put on a show, and it didn’t hold…

By – Rihem Akkouche
America August 28, 2026
Element, Solstice $14.5B Deal Falls Apart…

A merger built to reshape two companies’ futures has instead…

By – Rihem Akkouche
America August 28, 2026
Frigorifico Gorina Raw Beef Recall Spans…

A shipment of imported beef never got the checkpoint stamp…

By – Rihem Akkouche
America August 28, 2026
Florida Deploys Furry Robot Rabbits to…

Florida wildlife officials and researchers are turning to an unusual…

By – Jackie Allen
America August 28, 2026
Army Launches $2.2 Billion Nuclear Microreactor…

The Strategic Energy Docket The Army has selected five vendors…

By – Samuel Lopez
America August 28, 2026
CVS Ordered to Answer for AI-Fueled…

Case at a Glance A Manhattan federal judge has ruled…

By – Samuel Lopez
America August 28, 2026
CVS Ordered to Answer for AI-Fueled…

Case at a Glance A Manhattan federal judge has ruled…

By – Samuel Lopez
America August 28, 2026
Federal Judge Torches Pentagon’s ‘National Security’…

The Verdict, Distilled A California federal judge has ruled that…

By – Samuel Lopez
America August 28, 2026
Why the Tate Brothers’ Isolation in…

The Record at a Glance Andrew and Tristan Tate have…

By – Samuel Lopez
America August 28, 2026
Stars and Stripes Staff Sue Pentagon…

WASHINGTON — A Stars and Stripes lawsuit filed Thursday asks…

By – Michallie Harrison
America August 28, 2026
Chris Hansen Considers Legal Action Against…

By Samuel López | USA Herald Chris Hansen built his…

By – Samuel Lopez
America August 28, 2026
Floyd Mayweather Launches Law Firm While…

By Samuel López | USA Herald Floyd Mayweather built an…

By – Samuel Lopez
America August 27, 2026
California School Bus Chaos Erupts as…

California school bus chaos resulted when angry parents confronted a…

By – Jackie Allen
America August 27, 2026
Shocking Ruling Denies Navy Rape Lawsuit…

NEWARK, N.J. — A civilian Navy engineer who says her…

By – Michallie Harrison
America August 27, 2026
Killed in Kenya Helicopter Crash Had…

A Florida couple who were killed in Kenya in a…

By – Jackie Allen
America August 26, 2026
Tupac Shakur Murder Trial Moves to…

The Tupac Shakur murder trial will resume Thursday in Las…

By – Jackie Allen
America August 25, 2026
Nazi Tank Buried Beneath Russian University…

A rare Nazi Tank has been discovered buried beneath a…

By – Jackie Allen
America August 25, 2026
Forensic Identification Breakthrough Helps Identify 9/11…

Nearly 25 years after the September 11, 2001, terrorist attacks,…

By – Jackie Allen
America August 27, 2026
Ninth Circuit Says Prison Walls Do…

By Samuel López | USA Herald A federal appeals court…

By – Samuel Lopez
America August 27, 2026
When Your Chatbot Becomes the Star…

Legal Analysis: How AI Conversations Are Reshaping the Rules of…

By – Samuel Lopez
America August 26, 2026
Avi Loeb’s Backyard Black Hole Theory…

Scientific Record Loeb correctly explains tidal forces and black-hole accretion,…

By – Samuel Lopez
America August 26, 2026
Instagram CEO Claims Ignorance With ‘News…

On the Record Instagram’s counsel directed employees to remove teen-harm…

By – Samuel Lopez
America August 26, 2026
Dolly Parton Planned Her $650 Million…

By Samuel López | USA Herald Dolly Parton spent her…

By – Samuel Lopez
America August 25, 2026
YouTube Offering Creators Millions to Stop…

A Legal and Business Analysis of the Platform War Reshaping…

By – Samuel Lopez
America August 25, 2026
Forensic Identification Breakthrough Helps Identify 9/11…

Nearly 25 years after the September 11, 2001, terrorist attacks,…

By – Jackie Allen
America August 16, 2026
Perez Hilton’s Mother Seeks Temporary Custody…

By Samuel López | USA Herald Perez Hilton’s family has…

By – Samuel Lopez
America August 13, 2026
Taylor Farms Jalapeño Recall Salmonella Scare…

A single shipment of peppers has set off a chain…

By – Rihem Akkouche
America August 12, 2026
Heat Dome Brings Dangerous Temperatures Across…

A powerful Heat dome is expanding across the United States,…

By – Jackie Allen
America August 8, 2026
Joe Biden: Hunter Says the Prostate…

Former President Joe Biden is experiencing a worsening battle with…

By – Jackie Allen
America August 1, 2026
Stormed the Border: Spain Says 25,000…

CEUTA, Spain (AP) — Spanish authorities say thousands of migrants…

By – Jackie Allen
America August 21, 2026
World Cup Brawl Leads to Major…

EAST RUTHERFORD, N.J. — The World Cup final between Spain…

By – Jackie Allen
America August 17, 2026
Von Miller Cowboys Contract Brings Future…

Some homecomings happen quietly. This one came with a social…

By – Rihem Akkouche
America August 14, 2026
White House Denies Role in Josh…

LOS ANGELES — The White House is denying any role…

By – Michallie Harrison
America August 13, 2026
Prichard Colon Death: Once-Unbeaten Boxer Dies…

Prichard Colon never threw another punch after that October night…

By – Rihem Akkouche
America August 13, 2026
Tiger Woods and Nike: 27-Year Partnership…

Tiger Woods built one of the most lucrative athlete-brand partnerships…

By – Jackie Allen
America August 12, 2026
209 Triple-Doubles, Two Offers Declined: Russell…

There were two NBA teams ready to hand Russell Westbrook…

By – Rihem Akkouche

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter