United States Fifth Circuit

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Martco Ltd. Pshp. v. Wellons Inc., 08-31247

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.