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ROYAL INS. CO. v. HARTFORD UNDERWRITERS INS. CO.

No. 03-20983.

391 F.3d 639 (2004)

ROYAL INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. HARTFORD UNDERWRITERS INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 17, 2004.

Attorney(s) appearing for the Case

Gerald John Brown, Hilary Channing Borow, Jay W. Brown, Beirne, Maynard & Parsons, Houston, TX, for Plaintiff-Appellant.

John H. Marks, Jr., William Scott Hastings, Christopher M. LaVigne, Locke, Liddell & Sapp, Dallas, TX, for Defendant-Appellee.

Before JONES, SMITH and STEWART, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Two insurance companies dispute whether their coverage of claims against a nursing home is primary, excess or pro rata. The district court held that one insurance company's coverage was primary and the other insurance company's coverage was excess. Based on Fifth Circuit precedent concerning Texas law, we disagree and hold that both policies offer primary coverage, which must be prorated. Accordingly, we REVERSE and REMAND for proceedings...

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