United States Fifth Circuit

Summary judgment in favor of defendants after the court concluded that the insurance policies purchased by plaintiff from defendant do not cover claims made in a lawsuit filed against plaintiff, and that defendant has no duty to defend or indemnify, is vacated and the case remanded where: 1) Mississippi law resolved ambiguity in favor of the insured so that a Seed Merchants Endorsement enlarged the term "damages because of property damage" in the commercial general liability policy to cover "loss resulting from an error in mechanical mixture of seed;" 2) a Seedmen's Limitation to the umbrella policy can also be read to enlarge the terms of coverage to include loss arising out of error in mechanical mixture of seed; 3) a "property damage expected or intended" exclusion does not apply; 4) a "your product" exclusion does not apply because the damage was done to the farmer's crop land's use; and 5) a Seedmen's Modified Liability Coverage Endorsement does not apply since it limits recovery for losses resulting from the seed's failure to germinate.

Appellate Information

• Decided 06/10/2008
• Published 06/10/2008

Judges

• DENNIS, Circuit Judge:, Before REAVLEY, GARZA and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Stephen L. Thomas (argued), W. Wayne Drinkwater, Margaret Oertling Cupples, John Alexander Purvis, Bradley, Arant, Rose & White, Jackson, MS, for Plaintiff-Appellant.


• For Appellees:
  
• Clyde Xenophon Copeland, III (argued), Harris Jernigan & Geno, Ridgeland, MS, Jan F. Gadow, Page, Kruger & Holland, Jackson, MS, for Defendants-Appellees.