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MOTIVA ENTERPRISES, LLC v. ST. PAUL FIRE AND MARINE INS. CO.

No. 05-20139.

445 F.3d 381 (2006)

MOTIVA ENTERPRISES, LLC, 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.

March 28, 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:

IT IS ORDERED that the Petition for Panel Rehearing is GRANTED. The opinion of the court issued on February 6, 2006, at 439 F.3d 243, is withdrawn, and the following opinion substituted in its place.

Plaintiff-Appellant Motiva Enterprises, L.L.C. ("Motiva") settled an action brought against it for damages without notice to Appellee National Union, its insurer, and without obtaining National...

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