MARTINDALE LUMBER CO. v. BITUMINOUS CAS. CORP.

No. 79-1343.

625 F.2d 618 (1980)

MARTINDALE LUMBER COMPANY et al., Plaintiff-Appellee, v. BITUMINOUS CASUALTY CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 10, 1980.


Attorney(s) appearing for the Case

Dewey J. Gonsoulin, Beaumont, Tex., for defendant-appellant.

March H. Coffield, Jasper, Tex., for plaintiff-appellee.

Before GOLDBERG, TATE and SAM D. JOHNSON, Circuit Judges.


TATE, Circuit Judge:

This suit is by a policyholder (Martindale) against its insurer (Bituminous). The district court held Bituminous liable for certain amounts due Martindale because of the insurer's refusal to defend and pay a tort claim made against Martindale by a person injured in an accident within the coverage of the Bituminous comprehensive general liability policy issued to Martindale.1

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