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TIG INS. CO. v. SEDGWICK JAMES OF WASHINGTON

No. 01-20235.

276 F.3d 754 (2002)

TIG INSURANCE COMPANY and Safety Lights Sales & Leasing, Inc., Plaintiffs-Appellants, v. SEDGWICK JAMES of WASHINGTON and Lumbermens Mutual Casualty Co., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 9, 2002.

Attorney(s) appearing for the Case

Bruce Clifford Gaible, Susan C. Stevenson (argued), Hays, McConn, Rice & Pickering, Houston, TX, for Plaintiffs-Appellants.

C. Henry Kollenberg (argued), Carolyn Ann Russell, Crain, Caton & James, Houston, TX, for Sedgwick James of Washington.

Veronica Marie Czuchna (argued), Portia J. Bott, Jordan & Carmona, Austin, TX, for Lumbermens Mut. Cas. Co.

Before SMITH and EMILIO M. GARZA, Circuit Judges, and CUMMINGS, District Judge.

JERRY E. SMITH, Circuit Judge:

The district court dismissed TIG Insurance Co. ("TIG") and Safety Lights Sales & Leasing Co.'s ("Safety Lights") claims to recover for the costs of defending a lawsuit; the insurance seller's certificate of insurance added Safety Lights as an additional insured but disclaimed the power to alter an underlying insurance policy. The parties agree that the certificate of insurance's express limitations combine with the policy's terms...

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