Insurance Coverage Case Victory for Local DNA Testing Company
January 13, 2016 Case Study
In this insurance coverage case, partner Jeff M. Golub represented the insured, Gene by Gene, Ltd., a web-based DNA testing company headquartered in Houston. Gene by Gene was sued in Alaska federal district court in a putative class action based on claims it violated Alaska genetic privacy laws. Gene by Gene sought coverage (defense and indemnity) for the Alaska claims under insurance policies underwritten by Evanston Insurance Company. Evanston denied coverage and filed a lawsuit in Federal District Court in Houston, seeking a declaration of no coverage based on a policy exclusion. Gene by Gene counterclaimed seeking a declaration that the Alaska claims are covered by the Evanston policies and alleging violations of the Texas Insurance Code. The Court granted summary judgment to Gene by Gene on all of its claims and held: (1) the Alaska case is covered, (2) Evanston must defend and indemnify Gene by Gene in Alaska, (3) Evanston breached the insurance contracts, and (4) Evanston violated the Texas Insurance Code.