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SCARBOROUGH v. TRAVELERS INS. CO.

No. 81-3749.

718 F.2d 702 (1983)

William A. SCARBOROUGH, Plaintiff, v. TRAVELERS INSURANCE CO., et al., Defendants, and LAND & MARINE APPLICATORS, INC., Defendant-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, et al., Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 31, 1983.

Attorney(s) appearing for the Case

Simon, Peragine, Smith & Redfearn, Daniel J. Caruso, New Orleans, La., for Land & Marine.

Deutsch, Kerrigan & Stiles, A. Wendel Stout, III, Bertrand M. Cass, Jr., Brunswick Deutsch, New Orleans, La., for Ins. Co. of North America.

Robert B. Deane, New Orleans, La., for Lloyd's & Harbor Ins.

Before TUTTLE, POLITZ and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

This is an appeal from a summary judgment dismissing appellant's cross-claim against its primary and two excess insurers, upholding the insurers' denial of coverage of a Jones Act claim, based on occupational disease, successfully maintained in the main suit below against appellant by one of appellant's former employees. The principal questions before us are (1) whether an exclusion provision in the primary insurer's policy, requiring that...

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