United States Fifth Circuit

In a suit brought by an excess carrier against two primary insurance carriers to recover funds it paid on behalf of the parties' common insured to settle wrongful death and survival claims arising out of the care of a nursing home resident, the court holds that: 1) the excess carrier was entitled to pursue a cause of action based on equitable subrogation; 2) there was an occurrence within each of the primary policies- definition of that term; 3) the excess carrier's policy period did not overlap with the first primary carrier's; and 4) the second, consecutive primary carrier was required to exhaust its limits.

Appellate Information

• Decided 09/25/2006
• Published 09/26/2006

Judges

• OWEN, Circuit Judge:, Before JONES, Chief Judge, and DeMOSS and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Marcy Lynn Rothman (argued) and S. Shawn Stephens (argued), Julieann Nayar Searle, Baker & Hostetler, Houston, TX, for Plaintiff-Appellant., Kevin D. Jewell (argued), Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, for Caliber One Indem. Co., Bruce Clifford Gaible SusanC. Stevenson (argued), Hays, McConn, Rice & Pickering, Houston, TX, for Hartford Underwriters Ins. Co.