factual allegations that show the origin of the damages rather than on the legal theories alleged” to determine whether the claims fall within the scope of the policy’s coverage. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139, 141 (Tex.1997) (per curiam); Huffhines v. State Farm Lloyds, 167 S.W.3d 493, 497 (Tex.App.-Houston [14th Dist.] 2005, no pet.). The existence of coverage under the E & O policy in a suit against an “insured person” such as Primo therefore depends upon whether the petition states claims within the exclusion for suits “made against any Insured ... by, or for the benefit of, or at the behest of ... any person or entity which succeeds to the interest of [Briar Green].” See Pine Oak Builders, Inc., 279 S.W.3d at 654 (<HOLDING>). C. Great American failed to prove as a matter
holding insurers duty to defend is determined by allegations in the petition holding the duty to indemnify is narrower than the duty to defend holding that an insurers duty to defend arises from the allegations in the complaint against the insured holding despite authority for the general proposition that the duty to defend is determined based on the allegations of the complaint that an insurer had no duty to defend where the underlying claim was covered by the policy based on the facts pleaded in complaint but other facts not appearing in the complaint excluded coverage holding that there is a duty to defend if any of the complaints allegations fall within the risk covered by the policy