United States Fifth Circuit

An excess coverage policy that continues "as underlying insurance" after the primary policy limits are exhausted does not incorporate the provisions of a primary policy providing for defense costs into the terms of the excess policy.

Appellate Information

• Decided 01/18/2002
• Published 01/18/2002

Judges

• LIMBAUGH, District Judge:, Before JONES and DeMOSS, Circuit Judges, and LIMBAUGH, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph M. Nicks (argued), Godfrey & Kahn, Green Bay, WI, Jude Thaddeus Heartfield, Heartfield & McGinnis, Beaumont, TX, for Plaintiff-Appellee., Thomas C. Wright (argued), Julia Leigh Kurtz, Campbell, Harrison & Wright, Frank G. Jones, Fulbright & Jaworski, Houston, TX, for Defendant-Appellant.