NORTHFIELD INS. CO. v. LOVING HOME CARE, INC.

No. 02-21254.

363 F.3d 523 (2004)

NORTHFIELD INSURANCE COMPANY, Plaintiff-Counter Defendant-Appellant-Cross-Appellee, v. LOVING HOME CARE, INC.; Sheila Martha Daniels; Ronnie Randall Daniels, Defendants-Appellees, William Maurice Barrows, Individually, and as Heir and Legal Representative of Blanca Lillian Barrows, Deceased; Catherine Celmer Barrows, Individually and as Heir and Legal Representative of Bianca Lillian Barrows, Deceased, Defendants-Counter-Claimant-Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

March 22, 2004.


Attorney(s) appearing for the Case

E. Thomas Bishop, Michael Anthony Hummert, Alexander Nelson Beard (argued), Bishop & Hummert, Dallas, TX, for Northfield Ins. Co.

Michael Y. McCormick, Anthony Edward Spaeth (argued), McCormick, Hancock & Newton, Houston, TX, for Defendants-Appellees.

Joe Mac Roden (argued), Rusty Hardin & Associates, Houston, TX, for William and Catherine Barrows.

Before REAVLEY, DAVIS and DeMOSS, Circuit Judges.


DeMOSS, Circuit Judge:

Plaintiff-Counter-Defendant-Appellant-Cross-Appellee Northfield Insurance Co. ("Northfield") seeks reversal of the district court's final judgment that declared Northfield had a duty to defend Defendants-Appellees Loving Home Care, Inc. ("LHC") and Sheila and Ronnie Daniels (the "Daniels") under the commercial professional liability ("CPL") part of the insurance policy issued to LHC by Northfield, in the underlying tort suit by Defendants-Counter...

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