5th Cir.

OXEA Corporation, doing business as OQ Chemicals Corporation Plaintiff— v. Certain Underwriters at Lloyds, London Subscribing to Policy No. ENVP0000060-20 Defendant—

June 8, 2026 ·25-20138 ·Per Curiam · By James Taylor

The Fifth Circuit affirmed the district court's summary judgment in favor of the insurers. The court found no error in the application of the insurance policy exclusion and the fortuity doctrine.

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Background

OXEA Corporation appealed a summary judgment dismissing its claims for breach of contract and violations of the Texas Prompt Payment of Claims Act.

The court’s reasoning

The court found no error in the district court’s determination that an exclusion in the insurance policy and the fortuity doctrine barred coverage of OXEA Corporation’s claim.

What it means going forward

The decision upholds the insurers’ denial of coverage based on policy exclusions and the fortuity doctrine.