United States Fifth Circuit

District court properly found that (1) defendant is not liable for access costs because the damage caused by long-term water leaks are not covered water damage under the policy, and (2) the plumbing leaks under each building are, as a matter of law, "separate occurrences" for purposes of determining deductibles under the excess coverage policy.

Appellate Information

• Decided 05/19/2003
• Published 05/19/2003

Judges

• EDITH H. JONES, Circuit Judge:, Before JONES, SMITH and SILER , Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Scott A. Stewart (argued), Horsley & Stewart, Dallas, TX, for Plaintiff-Appellant., Beth Dunn Bradley (argued), Thompson, Coe, Cousins & Irons, Dallas, TX, for General Star Indem. Co., Sidney H. Davis (argued), Linda Szuhy, Touchstone, Bernays, Johnston, Beall & Smith, Dallas, TX, for Fireman's Fund Ins. Co. of Ohio.