Fifth Circuit: Swinterton Builders v. Oklahoma Surety

Insurer had duty to defend, since the written agreement establishing the company as an insured party did not need to be countersigned by the company to be a written agreement; the company's consent can be inferred.

Where the claim is for breach of contract, an insurer still has a duty to defend against a claim for property damage where the factual situation alleged might present a claim for property damage.

Whether or not anti-stacking provisions apply to duty to defend, it would be inequitable to apply them here.

Damages in suit where insurer breached duty to defend qualify for state statute requiring prompt payment for the schedule.

Damages can be recovered under statute regardless of independent injury from the lack of payment.

http://www.ca5.uscourts.gov/opinions/pub/16/16-20195-CV1.pdf