United States District Court, W.D. Texas, San Antonio Division
RODRIGUEZ UNITED STATES DISTRICT JUDGE
date, the Court considered Plaintiff's Motion for Summary
Judgment against Defendant Alamo Crude Oil, LLC (docket no.
17). Alamo did not respond. Even though unopposed, the Court
will analyze the motions and applicable law to determine
whether the requested relief is appropriate. After careful
consideration, the Court hereby GRANTS Plaintiff's
case, Plaintiff Hudson Insurance Company seeks a declaration
that it owes no duty to defend or to indemnify Defendants
Alamo Crude Oil, Nathan Michael Johnson, and Amtrans Express
in an underlying state court lawsuit.
issued a Non-Trucking Liability Policy (“the
Policy”) and an Excess Policy to Pablo Castaneda,
managing member of Alamo, for the policy period of January 1,
2015 to January 1, 2016. Coverage triggered under the Policy
applies to a 2003 Volvo Truck/Tractor (“the
Truck”) while it is operated for non-commercial
operations. It “supplements your commercial trucking
liability coverage[.]” Docket no. 17-1 at 15. It
applies, then, when the Truck is driven without a trailer
attached and without any intent to perform business-related
activity for the motor carrier that leased the Truck.
Policy states that “[t]his insurance applies only to
those covered autos (i) that are scheduled and designated in
each Named Insured's Certificate of Insurance that is
attached to and forming a part of this policy . . .; and (ii)
for which at the time of accident or loss, there is a valid
long term lease agreement existing between the Named Insured
and a motor carrier.” Docket no. 17-1 at 15. Under the
Policy, the Named Insured is Castaneda and, with some
exceptions, those who use the Truck with Castenada's
permission. The covered auto designated in Castenada's
Certificate of Insurance is the Truck. When coverage applies,
Hudson has the duty to defend any insured against a claim for
damages (bodily injury or property damage) caused by an
one coverage exclusion is relevant here. The Policy excludes
from coverage “[b]odily injury or property damage
arising from the use of a covered auto . . . while used to
carry property in any business or en route for such
purpose.” Id. at 19.
underlying suit stems from a March 4, 2015 auto collision.
This collision allegedly injured Plaintiff Artemio Sanchez,
who was a pedestrian on IH-20 at the time. The defendants are
Genuine Parts Company, Black Horse Carriers, Inc.,
Christopher Vavra, Alamo, Amtrans, and Johnson. Hudson
alleges that, when Johnson and Alamo were added as defendants
in the underlying suit, Hudson provided a defense. Amtrans
has been defended under its Liability Policy.
the collision happened, Johnson was driving the Truck, which
was owned by Alamo and leased or rented to Amtrans.
Johnson's alleged negligence in failing to apply his
brakes caused the collision. In the underlying suit, he is
alleged to have acted within the course and scope of his
employment for Alamo.
alleges it is not disputed that Johnson was on his way to
pick up and haul a load for Amtrans; Johnson had a trailer
attached to the Truck; Johnson exclusively hauled for Amtrans
when he drove the Truck; and Amtrans' placard was on the
Truck when Johnson drove the truck and at the time of the
collision. Docket no. 1 at 8. In the underlying suit's
pleadings, however, it is not alleged why Johnson was
traveling westbound on IH-20 at the time of the accident.
February 14, 2019, Hudson filed its complaint, seeking a
declaratory judgment that it has no duty to defend or to
indemnify Defendants under the Policy. Docket no. 1. On May
28, Hudson moved for summary judgment against Alamo. Docket
no. 17. Defendants Amtrans and ...