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MEDICAL CARE AMERICA v. NATIONAL UNION FIRE INS.

No. 01-10324.

341 F.3d 415 (2003)

MEDICAL CARE AMERICA, INC., Plaintiff-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 5, 2003.

Attorney(s) appearing for the Case

James Ellis Davis (argued), Mark D. Johnson, Davis Munck, Dallas, TX, for Plaintiff-Appellant.

Frank G. Jones, William Joseph Boyce (argued), Fulbright & Jaworski, Houston, TX, Jonathan B. Skidmore, Michael Swartzendruber, Fulbright & Jaworski, Dallas, TX, for Defendant-Appellee.

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

JAMES L. DENNIS, Circuit Judge:

Following a precipitous decline in stock value, shareholders sued (among others) the director and officers of a Texas corporation formed through merger. After the suit settled, the corporation sued its insurer for coverage under its directors and officers liability policy. At issue was whether the policy covered the directors and officers' post-merger wrongful acts that were the same as or related to their pre-merger wrongful acts....

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