Reliance National Indemnity Co. v. Advance'd Temporaries, Inc.
227 S.W.3d 46 | Texas Supreme Court | 2007
Holding Summary
Statements from superseded pleadings are admissible as party-opponent admissions under Texas Rules of Evidence 801(e)(2) without requiring inconsistency with trial positions.
Any statement by a party-opponent is admissible against that party.
Related Cases
Entergy Gulf States, Inc. v. Summers
A premises owner that contracts for work performance and provides workers' compensation insurance to contractors' employees qualifies as a statutory employer entitled to the exclusive remedy defense under the Texas Workers' Compensation Act.
Lee Lewis Construction, Inc. v. Harrison
A general contractor owes a duty of care to a subcontractor's employee for fall protection when it retains actual control over safety measures, and the evidence sufficiently supported findings of negligence and gross negligence.
Rory v. Continental Insurance
Unambiguous contractual limitations periods in insurance policies must be enforced as written unless they violate law or public policy; judicial assessments of reasonableness cannot override clear contract terms.
American Trucking Associations, Inc. v. City of Los Angeles
The court reversed the district court's denial of preliminary injunction, finding ATA likely to succeed on FAAA preemption claims because many concession agreement provisions are not genuinely responsive to motor vehicle safety.
Heldenfels Bros. v. City of Corpus Christi
A municipality owes no duty to a subcontractor to ensure a general contractor provides valid payment bonds, and a subcontractor cannot recover from the municipality under quantum meruit, unjust enrichment, or negligence theories when the general contractor abandons the project.
Gilbert Texas Construction, L.P. v. Underwriters at Lloyd's London
A CGL policy's contractual liability exclusion bars coverage for breach of contract claims when the insured's only liability arises from contractual obligations assumed in the underlying contract, and the insured-contract exception does not restore coverage.