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EMCASCO INS. COMPANY v. AMERICAN INTERN. SPECIALTY LINES INSURANCE COMPANY

No. 04-11345.

438 F.3d 519 (2006)

EMCASCO INSURANCE COMPANY, Plaintiff-Appellant, v. AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 27, 2006.

Attorney(s) appearing for the Case

Thomas Daryl Caudle (argued), Mateer & Shaffer, Dallas, TX, for Plaintiff-Appellant.

Sidney H. Davis, Jr. (argued), Daniel Lee Gus, Touchstone, Bernays, Johnston, Beall & Smith, Dallas, TX, for Defendant-Appellee.

Before GARWOOD, SMITH and DEMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

EMCASCO Insurance Company ("EMCASCO") filed a subrogation suit against American International Specialty Lines Insurance Company ("AISLIC") to recover under AISLIC's commercial general liability policy for monies EMCASCO paid in defense and settlement of an underlying suit against the two insurers' mutual insured. After limited discovery, both parties moved for summary judgment. The district...

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