AMERICAN INTERN. SPECIALTY LINES INS. v. RES-CARE

No. 04-20389.

529 F.3d 649 (2008)

AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, Plaintiff-Counter Defendant-Appellee-Cross-Appellant, v. RES-CARE, INC.; et al., Defendants, Res-Care, Inc.; Texas Home Management, Inc., Defendants-Counter Claimants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

June 2, 2008.


Attorney(s) appearing for the Case

Jeffrey R. Parsons, Noel Terry Adams, Jr., Henry Sim Platts, Jr., David A. Clark (argued), Beirne, Maynard & Parsons, Houston, TX, for Am. Intern. Specialty Lines Ins. Co.

J. Hampton Skelton (argued), Skelton & Woody, Austin, TX, Jeffrey Lloyd Joyce, Winstead, PC, Houston, TX, for Res-Care, Inc. and Texas Home Management, Inc.

Before REAVLEY, HIGGINBOTHAM and GARZA, Circuit Judges.


REAVLEY, Circuit Judge:

We are confronted in this case with an insurance coverage and apportionment dispute in which both the insurer and the insured have appealed from the district court's judgment after a bench trial. The insurer, American International Specialty Lines Insurance Company, sued its insured, Res-Care, Inc., for breach of contract arising out of a non-waiver agreement that the parties executed in connection with the settlement of an underlying wrongful...

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