TRANSCO EXPLORATION CO. v. PACIFIC EMPLOYERS INS. CO.

No. 88-3656.

869 F.2d 862 (1989)

TRANSCO EXPLORATION COMPANY, Plaintiff-Appellee, v. PACIFIC EMPLOYERS INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 24, 1989.


Attorney(s) appearing for the Case

Peter L. Hilbert, Jr., Kathleen K. Charvet, McGlinchey, Stafford & Mintz, New Orleans, La., for defendant-appellant.

Donald R. Abaunza, Don K. Haycraft, Liskow & Lewis, New Orleans, La., for plaintiff-appellee.

Before GEE, DAVIS, and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

In this case, we are asked to declare the winner in a game of grammatical tug-of-war between an excess insurer and an insured over whether an excess insurance policy "drops down" in place of a policy issued by a now-insolvent primary insurer. On summary judgment, the district court ruled in favor of the insured. Because we conclude, however, that the language of the policy cannot support this result, we reverse and render judgment in...

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