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MOTIVA ENTERPRISES v. ST. PAUL FIRE & MARINE INS. COMPANY

No. 05-20139.

439 F.3d 243 (2006)

MOTIVA ENTERPRISES, L.L.C., Plaintiff-Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, et al., Defendants, National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 6, 2006.

Attorney(s) appearing for the Case

William T. Hankinson, Katherine D. Varholak, Christopher R. Moseley, Sherman & Howard, Denver, CO, Robert M. Roach, Jr. (argued), Cook & Roach, Houston, TX, for Plaintiff-Appellant.

Jeffrey R. Parsons (argued), Stephen B. Edmundson, Beirne, Maynard & Parsons, Houston, TX, for Defendant-Appellee.

Charles L. Stern, Jr., Steeg & O'Connor, New Orleans, LA, William G. Passannante, David A. Kochman, Anderson, Kill & Olick, New York City, for United Policyholders, Amicus Curiae.

Before REAVLEY, DAVIS and WIENER, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Plaintiff-Appellant Motiva Enterprises, L.L.C. ("Motiva") compromised an action brought against it for damages without notice to its insurer, Appellee-National Union. Motiva sued to recover the amount it paid in settlement, contending that it had no obligation to comply with the condition in the policy to obtain its insurer's consent to settle because National Union refused to tender an unqualified defense to Motiva. We agree with the...

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