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In cases involving injury caused by negligence where intent is clearly not at issue, the"but foror "arising out of" standard still applies. Under the "but for" standard, there could be no cause of action against the employer but for the employee's negligent conduct, and where the employee's conduct does not fall within the scope of coverage, there is no occurrence or accident to trigger coverage and the duty to defend.
March 07, 2005 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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