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WEAVER v. CCA INDUSTRIES, INC.

No. 07-30597.

529 F.3d 335 (2008)

Robert WEAVER, Plaintiff, v. CCA INDUSTRIES, INC., Defendant-Third-Party Plaintiff-Appellant, v. New York Marine & General Insurance Company, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 25, 2008.

Attorney(s) appearing for the Case

Bruce A. Cranner (argued), Karen C. Duncan, Frilot, LLC, New Orleans, LA, for Plaintiff-Appellant.

James R. Sutterfield (argued), John Joseph Danna, Jr., Sutterfield & Webb, New Orleans, LA, for Third Party Defendant-Appellee.

Before DAVIS and SOUTHWICK, Circuit Judges, and DRELL, District Judge.

W. EUGENE DAVIS, Circuit Judge:

This appeal challenges the district court's conclusion that the policy issued by Third-Party Defendant New York Marine & General Insurance Company ("NY Marine") to Phoenix Laboratories, Inc. ("Phoenix") provided no coverage to Third-Party Plaintiff-Appellant CCA Industries, Inc. ("CCA") and that NY Marine had no obligation to defend or indemnify CCA. For reasons stated below, we vacate and remand for further proceedings.

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