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United States Fifth Circuit


T.H.E. INS. CO v. LARSEN INTERMODAL SERV., INC., 00-30392

Insurer adequately reserved its rights to deny coverage and seek reimbursement for settlement amounts despite its failure to reserve its rights to reimbursement under the MCS-90 by coming forward with a defense for the insured without obtaining a nonwaiver agreement.

Appellate Information

  • Decided 03/02/2001
  • Published 03/02/2001

Judges

  • DUHÉ, Circuit Judge:, Before KING, Chief Judge, and HIGGINBOTHAM and DUHÉ, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Patricia Ann Lynch (argued), Joseph Lee McReynolds, Deutsch, Kerrigan & Stiles, New Orleans, LA, for Plaintiff-Appellant.

  • For Appellees:
  • Marcus Louis Giusti (argued), C. Lee Drake, Hannan, Drake & Giusti, Metairie, LA, for Defendant-Appellee.
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