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MID-CONTINENT CAS. CO. v. SWIFT ENERGY CO.

No. 98-21154.

206 F.3d 487 (2000)

MID-CONTINENT CASUALTY COMPANY, Plaintiff-Appellee, v. SWIFT ENERGY COMPANY; et al., Defendants, Swift Energy Company, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 5, 2000.

Attorney(s) appearing for the Case

Marie K. Miller (argued), Brian Lynn Blakeley, Clarkson F. Brown, Blakeley & Associates, San Antonio, TX, for Plaintiff-Appellee.

Joseph E. Byrne (argued), Berry, Byrne & Randall, Benton Jordan Barton, Steven David Autry, Gwinn & Roby, Dallas, TX, for Defendant-Appellant.

Before KING, Chief Judge, and REYNALDO G. GARZA and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

In this insurance coverage declaratory judgment diversity action, Swift Energy Company ("Swift" or "Company") appeals from a summary judgment entered by the district court in favor of Mid-Continent Casualty Company ("Mid-Continent"). The district court found that Mid-Continent was not required to indemnify or defend Swift with regard to a lawsuit filed by Air Equipment Rental, Inc. ("Air Equipment" or "Contractor") employee Oscar Lozano...

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