Scottsdale Insurance Company V. William Barret Travis

Scottsdale Insurance Company ("Scottsdale") appeals a summary judgment granted in favor of South Texas Building Services, Inc. ("South Texas") and Richard R. Robinson, ordering that Scottsdale owes South Texas and Robinson a duty to defend them in a lawsuit filed by William Barrett Travis, Maintenance, Inc., Maintenance of Houston, Inc. ("Maintenance Houston"), and Maintenance of Corpus Christi, Inc. (collectively referred to as "Maintenance"). In three issues, Scottsdale contends the trial court erred in determining it had a duty to defend South Texas and Robinson because the allegations in the underlying petition arose out of a scheme that predated the inception of Scottsdale's insurance policy and the original petition did not present claims triggering Scottsdale's coverage. Scottsdale also argues the trial court erred in awarding attorney's fees. Because we conclude the terms of the policy and the fortuity doctrine exclude coverage, we reverse the trial court's judgment and render judgment that Scottsdale has no duty to defend South Texas and Robinson in the Maintenance suit. We reverse the trial court's rulings on attorney's fees and remand the issue to the trial court for further consideration.