United States Fifth Circuit

A declaratory judgment ruling that plaintiff-insurance company had a duty to defend and indemnify defendant-general contractor in an underlying state wrongful death suit is affirmed where: 1) under Texas precedent, the language in an indemnity provision satisfied the requirement that a contract must unambiguously state a party's intent to indemnify the indemnitee for all liability caused by the indemnitee's own future negligence; and 2) a challenge to the reasonableness of the settlement is rejected.

Appellate Information

• Decided 01/02/2008
• Published 01/03/2008

Judges

• BENAVIDES, Circuit Judge:, Before KING, GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Franklin H. Jones, III, Michael L. McAlpine (argued), McAlpine & Cozad, New Orleans, LA, for Plaintiff-Appellant.


• For Appellees:
  
• Andrew Todd McKinney, IV (argued), McKinney & Cooper, Houston, TX, for Defendant-Appellee., James Patrick Magee, Baldwin, Haspel, Burke & Mayer, LLC, New Orleans, LA, James H. Robichaux (argued), Branscomb, PC, Corpus Christi, TX, for Defendant-Appellant.