AMERICAN STATES INSURANCE COMPANY, Plaintiff,
and
North River Insurance Co.; United States Fire Insurance Company; Western World Insurance Company, Inc., Intervenor Plaintiffs-Appellees Cross Appellants,
v.
H. Barry BAILEY, et al., Defendants,
H. Barry Bailey, Defendant-Appellee,
Cassie E. Allbaugh; Candis White; Allison Lovett; Ginger Pierson; Jayne Gardner; Ruby Woolridge; Patchez Fox Weldon Haynes, Reverend; William Longsworth, Reverend; The First United Methodist Church of Fort Worth, Inc.; Kay Johnson; Dorayne Levin; Gail Cooke; J. Charles Shelley, Intervenor Defendants-Appellants Cross Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
January 30, 1998.
January 30, 1998.
Attorney(s) appearing for the Case
Charles T. Frazier, Jr., Julia Fields Pendery, Cowles & Thompson, Dallas, TX, for Intervenor Plaintiffs-Appellees Cross-Appellants North River Ins. Co. and U.S. Fire Ins. Co.
Robert G. Hogue, Dallas, TX, Nisha Poth Byers, Christopher Jay Harrington, Touchstone, Bernays, Johnston, Beall & Smith, Dallas, TX, for Western World Insurance Company, Inc.
Susan E. Hutchinson, Molloy, Lewis & Hutchinson, Fort Worth, TX, for H. Barry Bailey and Dorayne Levin.
Michael Sean Quinn, Sheinfeld, Maley & Kay, Austin, TX, Paul E. Knisely, Broadus A. Spivey, Spivey, Grigg, Kelly & Knisely, Austin, TX, for Intervenor Defendants-Appellants Cross-Appellees.
Carol Ann Carson, Rickey J. Brantley, Jose, Henry, Brantley & Keltner, Fort Worth, TX, David L. Evans, Bourland, Kirkman, Seidler & Evans, Fort Worth, TX, for Weldon Haynes, William Longsworth, The First United Methodist Church of Fort Worth, Inc. and Kay Johnson.
D. Michael Wallach, Joseph M. Gallagher and Jennifer M. Andrews, Wallach & Moore, Fort Worth, TX, Christopher Jay Harrington, Touchstone, Bernays, Johnston, Beall & Smith, Dallas, TX, for Gail Cooke.
John Matthew Rogers, Kelli Noelle Arnold, Hill, Gilstrap, Moorhead, White, Bodoin & Webster, Arlington, TX, for J. Charles Shelley.
Before KING and JONES, Circuit Judges, and KENDALL, District Judge.
United States Court of Appeals, Fifth Circuit.
EDITH H. JONES, Circuit Judge:
This declaratory judgment suit was filed by three insurance carriers seeking a declaration that they have no duty to either defend or indemnify their insureds for claims that stem from allegations of sexual misconduct against the Reverend H. Barry Bailey. The district court granted summary judgment for the carriers. This appeal ensued. We find that the claims alleged against the carriers' insureds are excluded from coverage by the policies...
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