United States Fifth Circuit
Willbros RPI, Inc. v. Continental Cas. Co., 08-20665
In an action against an insurer seeking a declaratory judgment that defendant was required to provide defense and indemnity, partial summary judgment for plaintiff is affirmed where: 1) conduct that clearly fell outside of the professional services exclusion provides an independent "but for" cause of the injury; and 2) indemnity issues must await resolution of the underlying suit. However, the order is reversed in part where defendant-insurers' "Other Insurance" provisions conflicted and liability for defense of the underlying suit should thus be apportioned on a pro rata basis.
Appellate Information
- Decided 03/17/2010
- Published 03/17/2010
Judges
- PER CURIAM., Before WIENER, GARZA, and ELROD, Circuit Judges.
Court
- United States Fifth Circuit