INSTITUTE OF LONDON UNDERWRITERS v. FIRST HORIZON

No. 91-3941.

972 F.2d 125 (1992)

INSTITUTE OF LONDON UNDERWRITERS, Plaintiff-Appellee, v. FIRST HORIZON INSURANCE COMPANY, Defendant-Appellant. FIRST HORIZON INSURANCE COMPANY, Plaintiff-Appellant, v. INSTITUTE OF LONDON UNDERWRITERS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 16, 1992.


Attorney(s) appearing for the Case

Bradford M. Condit, Corpus Christi, Tex., Michael D. Meyer, New Orleans, La., for appellant.

D. Kirk Boswell, Rufus C. Harris, III, Terriberry, Carroll & Yancey, New Orleans, La., for appellee.

Before JOLLY and DUHÉ, Circuit Judges, and PARKER, District Judge.


DUHÉ, Circuit Judge:

In these two cases, a primary insurance carrier seeks from an excess carrier contribution for costs of defending its insured; the excess carrier seeks a declaratory judgment that it owes no defense costs to the primary carrier. On cross motions for summary judgment, the district court held that the excess carrier's policy unambiguously relieves the excess carrier from the duty to defend and, therefore, the cost of defense. It also found no...

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