United States Fifth Circuit

Declaratory judgment that defendant-railroad had no coverage under an insurance policy issued by plaintiff for a former employee's claims of injury is affirmed where: 1) the matter was ripe for review despite ongoing proceedings in an underlying state suit; 2) plaintiff did not breach the policy by refusing to cover inhalation claims; 3) defendant was not prejudiced by plaintiff's allegedly delayed denial of coverage; and 4) defendant's denial of coverage was not a per se violation of the state insurance code.

Appellate Information

• Decided 08/26/2008
• Published 08/26/2008

Judges

• SOUTHWICK, Circuit Judge:, Before KING, HIGGINBOTHAM and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Claudia K. Frey (argued), Kevin Michael Murphy, Colliau Elenius Murphy, Carluccio Kenner & Morrow, Dallas, TX, for Plaintiff-Appellee., Danny M. Needham, Christopher Wayne Weber, Mullin, Hoard & Brown, Amarillo, TX, Ricardo Miguel Varrera (argued), Denver, CO, for Defendant-Appellant.