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NORTH AMERICAN CAPACITY v. BRISTER'S THUNDER KARTS

No. 01-30894. Summary Calendar.

287 F.3d 412 (2002)

NORTH AMERICAN CAPACITY INSURANCE COMPANY, Plaintiff-Appellant, v. BRISTER'S THUNDER KARTS, INC., Defendant-Third Party Plaintiff-Appellee-Appellant, v. American Dynasty Surplus Lines Insurance Company; Palomar Insurance Corporation, Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 11, 2002.

Attorney(s) appearing for the Case

Lindsay Alexis Larson, III, Robert J. Stefani, King, LeBlanc & Bland, New Orleans, LA, for North American Capacity Ins. Co.

Richard A. Schwartz, Amite, LA, for Brister's Thunder Karts, Inc.

Ralph H. Wall, Robert N, Markle, Adams & Reese, New Orleans, LA, for American Dynasty Surplus Lines Ins. Co.

Stephen R. Barry, Brett E. Emmanuel, Barry, Piccione & Dyess, New Orleans, LA, for The Palomar Ins. Corp.

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant North American Capacity Insurance Company (North American) appeals the district court's ruling that North American waived its right to deny coverage to Brister's Thunder Karts, Inc. (Brister's), thereby making North American solely responsible for providing defense and coverage to Brister's in the underlying suit. The facts of this case, as set forth in the district court's Findings of Fact...

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