NEW HAMPSHIRE INS. CO. v. MARTECH USA, INC.

Nos. 92-2368, 92-2459 and 92-2621.

993 F.2d 1195 (1993)

NEW HAMPSHIRE INSURANCE CO., et al., Plaintiffs-Appellees, v. MARTECH USA, INC., f/k/a Martech International, Inc., Defendant-Third-Party Plaintiff-Appellant, v. TTP OF HOUSTON, INC., etc., et al., Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 28, 1993.


Attorney(s) appearing for the Case

Jack D. Ballard, Hutcheson & Grundy, Houston, TX, for appellant in Nos. 92-2459 and 92-2621.

Jack D. Ballard, Mary H. Greer, Pamela K. Estes, Hutcheson & Grundy, Houston, TX, for appellant in No. 92-2368.

Robert B. Boemer, Harold K. Watson, Liddell, Sapp, Zivley, Hill & LaBoon, L.L.P., Houston, TX, for New Hampshire Ins. Co., et al.

James R. Old, Jr., William E. Junell, Jr., Andrews & Kurth, Houston, TX, for TTP.

Before POLITZ, Chief Judge, REAVLEY and BARKSDALE, Circuit Judges.


POLITZ, Chief Judge:

This appeal poses a question about the allocation of burdens of proof on a claim under an all-risk marine insurance policy. Martech USA, Inc. appeals an adverse summary judgment and the denial of Fed. R.Civ.P. 60(b) relief. Finding no error, we affirm.

Background

Martech provides underwater diving services and equipment for construction and repair of offshore drilling platforms and pipelines. Martech retained TTP, an insurance...

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