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NORTH AMERICAN SPECIALTY INS. CO. v. ROYAL SURPLUS LINES INS. CO.

No. 07-20488.

541 F.3d 552 (2008)

NORTH AMERICAN SPECIALTY INSURANCE COMPANY, as successor in interest to Commercial Underwriters Insurance Company, Plaintiff-Appellant, v. ROYAL SURPLUS LINES INSURANCE COMPANY; Evanston Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 22, 2008.

Attorney(s) appearing for the Case

Philip D. Nizialek (argued), Rathwell & Nizialek, The Woodlands, TX, for Plaintiff-Appellant.

Henry Sim Platts, Jr. (argued), Noel Terry Adams, Jr., Hilary Channing Borow, Jay W. Brown, Beirne, Maynard & Parsons, Houston, TX, for Royal Surplus Lines Ins. Co.

Gary J. Siller (argued), Strasburger & Price, Houston, TX, for Evanston Ins. Co.

Before SMITH, WIENER and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

This case involves a dispute between two primary insurers, Royal Surplus Lines Insurance Company ("Royal") and Evanston Insurance Company ("Evanston"), and an excess insurer, North American Specialty Insurance Company ("North American"),1 and arises out of a tort suit against a nursing home. North American appeals the district court's grant of summary judgment in favor of...

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