United States Fifth Circuit
FEDERATED MUT. INS. CO. v. GRAPEVINE EXCAVATION INC., No. 98-10904
Where insured paving contractor allegedly used inferior fill materials, contractor's insurer has a duty to defend under Texas law since there is the potential that the act was not intentional but merely negligent.
Appellate Information
- Decided 02/02/2001
- Published 02/02/2001
Judges
- PER CURIAM:, Before JONES and WIENER, Circuit Judges, and WALTER, District Judge.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Patrick J. Wielinski (argued), Haynes & Boone, Michelle I. Rieger, Winstead, Sechrest & Minick, Dallas, TX, for Grapevine Excavation, Inc., Richard Brent Cooper (argued), Raymond Douglas Rees, Diana L. Faust, Cooper & Scully, Dallas, TX, for Maryland Lloyds.