United States Fifth Circuit

In an action against an insurer seeking coverage for an underlying lawsuit regarding defects in a heating system installed by plaintiff, summary judgment for defendant is reversed where: 1) defendant had a duty to defend the underlying suit in light of the language of the policy and the allegations of the underlying complaint; and 2) the "work product" exclusion in the policy did not preclude recovery.

Appellate Information

• Decided 11/19/2009
• Published 11/19/2009

Judges

• HAYNES, Circuit Judge:, Before BARKSDALE, SOUTHWICK and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• David Ross Frohn (argued), Frohn & Thibodeaux, Lake Charles, LA, for Wellons, Inc., Michael J. Vondenstein, David Charles Bach, Joseph Leroy Spilman, III (argued), Hailey, McNamara, Hall, Larmann & Papale, Metairie, LA, for Admiral Ins. Co.