United States Fifth Circuit
EMCASCO Ins. Co. v. Am. Int'l Specialty Lines Ins. Co., 04-11345
Summary judgment for defendant in a subrogation suit to recover under a commercial general liability policy for monies plaintiff paid in defense and settlement of an underlying personal injury suit against the two insurers' mutual insured is vacated where summary judgment was erroneously granted.
Appellate Information
- Decided 01/27/2006
- Published 01/30/2006
Judges
- JERRY E. SMITH, Circuit Judge:, Before GARWOOD, SMITH and DeMOSS, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Thomas Daryl Caudle (argued), Mateer & Shaffer, Dallas, TX, for Plaintiff-Appellant.
- For Appellees:
- Sidney H. Davis, Jr. (argued), Daniel Lee Gus, Touchstone, Bernays, Johnston, Beall & Smith, Dallas, TX, for Defendant-Appellee.