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.
- Decided 11/19/2009
- Published 11/19/2009
- HAYNES, Circuit Judge:, Before BARKSDALE, SOUTHWICK and HAYNES, Circuit Judges.
- United States Fifth Circuit
- 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.