The trial court held that an insurance company owed a duty to indemnify its insured for liability arising out of an injury suffered by a contractor. The trial court properly applied the Limestone factors, and the evidence conclusively established that the injured was an independent contractor rather than an employee. The Limestone factors are not to be analyzed solely by reference to the specific task the contractor was performing at the time of the accident. The trial court's judgment is affirmed. Dallas Court of Appeals, No. 05-11-00637-CV, 11-09-2012.
Mid-Continent Casualty Co. v. Andregg Contracting Inc.
Tx. App. Dist. 5
November 15, 2012