AMERICAN HOME ASSUR. CO. v. STEPHENS

No. 96-20192.

130 F.3d 123 (1997)

AMERICAN HOME ASSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellee, v. Billy Carl STEPHENS, Defendant-Counter-Claimant-Appellant, Rory Ross, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 11, 1997.


Attorney(s) appearing for the Case

John Francis Sullivan, III, Reagan Mark Brown, Fulbright & Jaworski, Houston, TX, for American Home Assurance Company.

James Bradley Lewis, Peter M. Kelly, Glover, Anderson, Chandler & Uzick, Houston, TX, for Stephens and Ross.

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


POLITZ, Chief Judge:

This appeal of the district court's ruling on cross motions for summary judgment in an action for declaratory relief raises questions about the validity of an exclusion of coverage for sexual misconduct provision when applied to nonsexual misconduct claims. For the reasons assigned we reverse the summary judgment rendered in favor of American Home Assurance Company and render summary judgment in favor of Billy Carl Stephens and Rory Ross.

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