In The Court of Appeals Seventh District of Texas at Amarillo No. 07-19-00350-CV MICHELLE LATRAY AS RECEIVER OF THE ASSETS OF CLIFTON BOATRIGHT FOR THE BENEFIT OF JUDGMENT CREDITORS W.L. ROBERTS, DANA ROBERTS, ERIN LEIGH ROBERTS, AND KATELYN ROBERTS GONZALES, APPELLANT V. COLONY INSURANCE COMPANY D/B/A COLONY SPECIALTY INSURANCE CO., APPELLEE On Appeal from the 77th District Court Limestone County, Texas Trial Court No. 31,528-A; Honorable Patrick Simmons, Presiding January 11, 2021 MEMORANDUM OPINION Before PIRTLE, PARKER, and DOSS, JJ. Appellant, Michelle Latray, acting as a receiver on behalf of certain judgment creditors, appeals the trial court’s rendition of summary judgment in favor of Appellee, Colony Insurance Company d/b/a Colony Specialty Insurance Company (hereinafter “Colony”). Latray also appeals the trial court’s denial of her motion for partial summary judgment. Through her appeal, Latray argues the trial court erred in its rulings because Colony had both the duty to defend and the duty to indemnify her judgment debtor, Clifton Boatright, and that none of the policy exclusions asserted by Colony were applicable. We will affirm the judgment of the trial court. BACKGROUND This appeal arises from an insurance coverage dispute stemming from Boatright’s dumping of debris onto property owned by W.L. Roberts and others. The City of Kosse hired Boatright to demolish the town’s old high school. Their agreement included Boatright’s removal and disposal of the debris resulting from the demolition. Their agreement also required Boatright to obtain a policy of liability insurance prior to the commencement of demolition. An agent for Colony issued a policy covering the planned operations. David Garrett, a friend of Boatright’s and a long-time tenant 1 on the Roberts’ property, asked Boatright if he could take some of the debris to use for purposes of erosion control. According to Boatright, he mistakenly believed the property on which Garrett wished to place the debris belonged to Garrett when, in fact, the property belonged to the Robertses. Neither Garrett nor Boatright sought the Roberts’ permission before placing the debris on the property. Thereafter, Garrett and Boatright took debris 2 from the demolition site and placed it on the Roberts’ property. At times, Boatright borrowed his mother’s dump truck to move larger loads of the debris to the property. By the end of the project, Garrett and Boatright 1 Boatright testified Garrett had lived at that home where the debris was deposited for “nearly twenty years.” 2 The debris included brick and metal rebar. 2 had placed forty tons of debris on the Roberts’ property. When W.L. Roberts discovered the debris on his property, he filed suit against Boatright and others for illegal dumping and damage to his land. 3 Roberts subsequently obtained a judgment against Boatright for $50,000, plus $309 in court costs. After the judgment became final, the court also issued a Turnover Order pursuant to section 31.002 of the Texas Civil Practice and Remedies Code, appointing Latray as a receiver, to take possession of non-exempt property for the purpose of liquidating that property for the benefit …
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