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TRAVELERS v. WESTERN AMER. SPECIALIZED TRANSP.

No. 04-30536.

409 F.3d 256 (2005)

TRAVELERS INDEMNITY COMPANY OF ILLINOIS, Plaintiff-Cross Claimant-Appellant, v. WESTERN AMERICAN SPECIALIZED TRANSPORTATION SERVICES, INC., et al., Defendants, Nobel Insurance Company, Defendant-Cross Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 10, 2005.

Attorney(s) appearing for the Case

Thomas M. Crawford (argued), Litchfield Cavo, Chicago, IL, William Shelby McKenzie, Jennifer Michaele Sigler, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for Travelers Indem. Co. of Illinois.

James M. Dill (argued), The Dill Firm, Lafayette, LA, for Nobel Ins. Co.

Before REAVLEY, JOLLY and PRADO, Circuit Judges.

REAVLEY, Circuit Judge:

This is an attempt by an excess insurance carrier to recover from a primary insurer. The district court granted summary judgment in favor of the primary carrier, and we affirm.

BACKGROUND

In 1997 Dixie Carriere was injured when her automobile and a truck owned and operated by Richard Barnett collided. Barnett was operating the truck in the course and scope of his employment with Western American Specialized Transportation...

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