United States Fifth Circuit

In a declaratory judgment suit between insurers involving coverage as to an underlying construction defect-related action, summary judgment for defendant is affirmed in part and reversed in part where the district court: 1) properly concluded defendant had no duty to defend an electric company; but 2) erred in finding that defendant's policy did not cover breach of warranty damages when "retained limit" was defined as "coverage(s) afforded" by the "underlying insurance."

Appellate Information

• Decided 06/05/2007
• Published 06/06/2007

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before GARWOOD, WIENER, and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michael Forest Nelson (argued), Burt Barr & Associates, Dallas, TX, for Scottsdale Ins. Co., Mark Allen Ticer (argued), Law Office of Mark A. Ticer, Dallas, TX, for Knox Park Constr., Inc., Oscar Rey Rodriguez, Walter A. Herring, Barbara Pilo (argued), Fulbright & Jaworski, Dallas, TX, for Landmark Ins. Co.