ASSICURAZIONI GENERALI SPA V PIPE LINE VALVE SPECIALTIES CO INC ET AL

(1997) 6 Re LR 334

United States District Court SD Texas Houston Division

Before District Judge Atlas

General liability - Exclusion - Workmens compensation - United States - Texas - Employees of insured pipe line valve company purportedly transferred to another employer and leased back to insured - Employee injured while working for insured - Insured acknowledged as employer in key day-to-day functioning of insureds business - Whether arrangement to promote second employer as employees employer to exclusion of insured no more than a sham - Whether employee a dual employee or borrowed servant - Whether Employee Exclusion clause of policy applied - Whether claim excluded under late notice provisions - Whether provisions were clear and unambiguous - Whether insurer needed to show prejudice before allowing late notice defense.