United States Fifth Circuit
Westchester Surplus Lines Ins. Co. v. Maverick Tube Co., 09-20071
In an action by an insurer seeking a declaration that it was not required to indemnify defendant for the settlement of an underlying property damage lawsuit, a declaratory judgment ruling for plaintiff is reversed where the complaint in the underlying action alleged an "occurrence" under the policy because it did not simply allege non-performance, such as failure to deliver the casing at issue; rather, it involved an unforeseen and unexpected event -- the defective casing production which resulted in a gas well failure.
Appellate Information
- Decided 12/11/2009
- Published 12/11/2009
Judges
- BENAVIDES, Circuit Judge:, Before KING, DAVIS and BENAVIDES, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Charles Tynan Buthod (argued), Stephen G. Tipps, W. Zachary Hughes, Maryanne Lyons, Baker Botts, L.L.P., Houston, TX, for Appellants.
- For Appellees:
- Joseph Anthony Ziemianski (argued), Emily Joanna Nelson, April Michelle Zubizarreta, Cozen O'Connor, Houston, TX, for Appellee.