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INTERNATIONAL INS. CO. v. RSR CORP.

No. 04-10311.

426 F.3d 281 (2005)

INTERNATIONAL INSURANCE CO., Plaintiff-Counter Defendant-Appellant, v. RSR CORPORATION, et al., Defendants, RSR Corporation, Quemetco, Inc., Quemetco Metals Limited, Inc., formerly known as Murph Metals, Inc., Defendants-Counter Claimants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 19, 2005.

Attorney(s) appearing for the Case

Richard Brent Cooper (argued), Gordon Kurt Wright, Michelle Elaine Robberson, Cooper & Scully, Dallas, TX, for Defendant-Appellant.

William A. Brewer, III, James Stephen Renard, Michael Joseph Collins (argued), Michael Scott Gardner, Bickel & Brewer, Dallas, TX, for Defendants-Counter Claimants-Appellees.

Before WIENER, BARKSDALE and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

The principal issues in this case are whether the jury's finding that a claim was made under a claims-made Environmental Impairment Liability ("EIL") insurance policy was (1) properly guided by an instruction that defined a "claim" as "an assertion by a third party ... that the insured is liable to it for damages. . . ."; and (2) supported by (a) undisputed facts and conclusions of law: the substantial lead pollution on Harbor Island near Seattle...

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