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MOTIVA ENTERPRISES v. ST. PAUL FIRE AND MARINE

No. 05-20139.

457 F.3d 459 (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.

July 21, 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.

Warren Wayne Harris, Bracewell & Giuliani, Houston, TX, for Amer. Petro Inst., Temple-Inland Inc., Franks Casing Crew & Rental Tools Inc. and Fielder Road Baptist Church, Amici Curiae.

Before REAVLEY, DAVIS and WIENER, Circuit Judges.

PER CURIAM:

We deny rehearing in this case and add the following:

As an alternate basis for our conclusion that Motiva cannot recover from National Union in this case, we point out that the holding by the Texas Supreme Court in State Farm Lloyds Ins. Co. v. Maldonado, 963 S.W.2d 38, 40 (Tex.1998), has never been overruled or questioned by the Texas high court and is still...

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