United States Fifth Circuit

A ruling, which found that a policy issued by third-party insurer to its insured provided no coverage to third-party plaintiff and that the insurer had no obligation to defend and indemnify it, is vacated and remanded where: 1) third-party plaintiff qualified as an additional insured under the policy with respect to plaintiff's claim under the Louisiana Product Liability Act; 2) an exclusion for alternating and relabeling the product does not apply since it had no nexus to the harm alleged; and 3) another exclusion was inapplicable since the formula for a product is not an "ingredient" for purposes of making that product.

Appellate Information

• Decided 05/27/2008
• Published 05/27/2008

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS and SOUTHWICK, Circuit Judges, and DRELL, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Bruce A. Cranner (argued), Karen C. Duncan, Frilot, LLC, New Orleans, LA, for Plaintiff-Appellant.


• For Appellees:
  
• James R. Sutterfield (argued), John Joseph Danna, Jr., Sutterfield & Webb, New Orleans, LA, for Third Party Defendant-Appellee.