United States Fifth Circuit

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United National Ins. Co. v. Hydro Tank, Inc., 06-20335

In a dispute over insurance coverage for a settlement of an underlying suit brought by workers injured during sludge removal conducted pursuant to a contract, summary judgment for insurer is affirmed where there was no error in the district court's conclusion that coverage was barred by an insurance policy's Pollution Exclusion clause and not resurrected by a Contractors Limitation Endorsement clause.

Appellate Information

  • Decided 08/15/2007
  • Published 08/16/2007


  • PER CURIAM:, Before JONES, Chief Judge, and BENAVIDES and STEWART, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • Laura Anne Foggan, Wiley Rein, LLP, Washington, DC, for Amicus Curiae, Complex Ins. Claims Lit. Ass'n., Robert M. Roach, Jr., Cook & Roach, Houston, TX, for Amici Curiae: Am. Petroleum Institute, BJ Services Co., USA, BP America, Inc., Chicago Bridge & Iron Co., Murphy Oil Corp., Nat. Petrochmical and Refiners Ass'n, Temple-Inland, Inc. and Total Petrochemicals.

  • For Appellees:
  • Brian S. Martin, Kevin Frank Risley, Thompson, Coe, Cousins & Irons, Houston, TX, for Plaintiff-Appellee., Scott Patrick Stolley, Rachelle Hoffman Glazer, Gregory W. Curry, James Michael Heinlen, Thompson & Knight, Dallas, TX, for Defendant-Appellant.