TRUEHART v. BLANDON

No. 88-3880 Summary Calendar.

884 F.2d 223 (1989)

Joan Robienczak TRUEHART, et al., Plaintiffs, v. Peter C. BLANDON, Defendant-Appellee, v. J. Robert LEE, III, The North River Insurance Company, and United States Fire Insurance Company, Defendants-Appellants, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 26, 1989.


Attorney(s) appearing for the Case

Hugh M. Glenn, Jr., Franklin H. Jones, New Orleans, La., for defendants-appellants.

Ashton R. O'Dwyer, Jr., J. Dwight LeBlanc, III, Lemle, Kelleher, Kohlmeyer, New Orleans, La., for U.S. Fidelity and Guar. Co.

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Three separate insurance carriers are potentially at risk in this case for the tortious conduct of J. Robert Lee, III. We are asked to review the district court's determination that all three policies should be construed as providing primary coverage for the costs to defend Lee and to settle various claims against him. The district court held that an excess or "umbrella" insurance policy "dropped down" into a pool of unexhausted and...

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