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NORFOLK SHIPBUILDING v. SEABULK TRANSMARINE

No. 00-31286.

274 F.3d 249 (2001)

NORFOLK SHIPBUILDING & DRYDOCK CORPORATION, Plaintiffs, v. SEABULK TRANSMARINE PARTNERSHIP, LTD., et al., Defendants. Seabulk Transmarine Partnership, Ltd., Plaintiffs, v. Norfolk Shipbuilding & Drydock Corp., et al., Defendants, Norfolk Shipbuilding & Drydock Corp., Defendant-Appellant, v. Vesta Forsikring A/S, also known as Skadeforsikringsselskapet Vesta A/S; Certain Underwriters at Lloyd's, London and at the Institute of London Underwriters, Underwriters at Lloyd's Subscribing to Cover Notes EII-20252(A) & EII-204052(B), Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 26, 2001.

Attorney(s) appearing for the Case

Lawrence S. Schaner (argued), Jenner & Block, Chicago, IL, Robert P. McCleskey, Jr., Phelps Dunbar, New Orleans, LA, for Norfolk Shipbuilding & Drydock Corp.

George J. Fowler, III (argued), Robert Reed Johnston (argued), Edward F. LeBreton, III, Rice, Fowler, Rodriguez, Kingsmill & Flint, New Orleans, LA, for Defendants-Appellees.

Before KING, Chief Judge, and DUHÉ and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

This insurance case arises out of a dispute related to the construction of a ship. The parties to the construction contract obtained a builder's risk policy under which both of them were listed as principal assureds. A dispute arose between the two principal assureds regarding the design of the ship's hull, and litigation ensued. The insurance policy contained no explicit duty to defend clause, and...

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