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SELECTIVE INS. CO. v. J.B. MOUTON & SONS

No. 91-4082.

954 F.2d 1075 (1992)

SELECTIVE INSURANCE COMPANY OF SOUTHEAST, et al., Plaintiffs-Counter Defendants-Appellees, v. J.B. MOUTON & SONS, INC., Defendants-Third Party Plaintiff and Counter Plaintiff-Appellant, and Northern Insurance Company of New York, et al., Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 31, 1992.

Attorney(s) appearing for the Case

Richard T. Simmons, Thomas M. Richard, Hailey, McNamara, Hall, Larmann & Papale, Metairie, La., for defendant-third party plaintiff and counter plaintiff-appellant.

Randall L. Kleinman, Hulse, Nelson & Wanek, New Orleans, La., for Valley Forge Ins.

Before REYNALDO G. GARZA, GARWOOD and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

The scope of an insurer's duty to defend determines this appeal. Third-Party Defendant/Appellee Valley Forge Insurance Company is a comprehensive general liability insurer of Third-Party Plaintiff/Appellant J.B. Mouton & Sons, Inc., a general contractor. Some of Mouton's other liability insurers (now settled out of the case) brought this declaratory action against Mouton claiming that they were not obligated to defend Mouton from claims...

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