United States Fifth Circuit

In a suit brought by a general contractor against its insurer seeking a declaration that its comprehensive general liability policy covered the claim asserted against the contractor by an insured homeowner and that the insurer owed contractor a defense in that suit, summary judgment for the insurer is vacated and remanded pursuant to answers to certified questions returned by the Supreme Court of Texas.

Appellate Information

• Decided 09/20/2007
• Published 09/21/2007

Judges

• PER CURIAM:, Before DAVIS, JONES and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Lee Howard Shidlofsky, Nickens, Keeton, Lawless, Farrell & Flack, Austin, TX, for Lamar Homes, Inc., Jennifer Bruch Hogan, Richard Phillips Hogan, Jr., Pillsbury WinthropShaw Pittman, John Logan Engvall, Joseph Jonathan Hlavinka, Engvall & Hlavinka, Houston, TX, for Mid-Continent Cas. Co., Geoffrey Robert Unger, Gray, Cary, Ware & Freidenrich, Austin, TX, for Nat. Ass'n of Home Builders, Amicus Curiae., Patrick J. Wielinski, Cokinos, Bosien & Young, Arlington, TX, for Am. Subcontractors Ass'n, Inc. and Am. Sucontractors Ass'n of Tx., Inc., Amici Curiae., E. Thomas Bishop, Bishop & Hummert, Dallas, TX, for Property Cas. Insurers Ass'n of America, Amicus Curiae.