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CALLON PETROLEUM CO. v. FRONTIER INS. CO.

No. 03-30057.

351 F.3d 204 (2003)

CALLON PETROLEUM COMPANY, Plaintiff-Appellee, v. FRONTIER INSURANCE COMPANY, Defendant-Appellant, Gregory V. Serio, Superintendent of Insurance for the State of New York, as Rehabilitator of Defendant Frontier Insurance Company, Appellant.

United States Court of Appeals, Fifth Circuit.

Filed December 3, 2003.

Attorney(s) appearing for the Case

Robert L. Redfearn, Steven A. Jacobson (argued), Robert Leland Redfearn, Jr., Denise C. Puente, Simon, Peragine, Smith & Redfearn, New Orleans, LA, for Plaintiff-Appellee.

John A. Jeansonne, III, Jeansonne & Remondet, New Orleans, LA, John E. Menechino (argued), Mark E. Farrell, Smith, Currie & Hancock, Atlanta, GA, for all Appellants.

Before JOLLY and WIENER, Circuit Judges, and ROSENTHAL, District Judge.

E. GRADY JOLLY, Circuit Judge:

Callon Petroleum Company ("Callon") brought this diversity action against Frontier Insurance Company ("Frontier") to collect on a bond it had issued in Callon's favor, and moved for summary judgment. Frontier subsequently became represented by Gregory Serio, the New York State Superintendent of Insurance as rehabilitator ("Superintendent"), who failed to respond to the motion, and the district court granted summary judgment. Over a year...

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