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COLUMBIA CAS. CO. v. GEORGIA & FLORIDA RAILNET

No. 06-10887.

542 F.3d 106 (2008)

COLUMBIA CASUALTY COMPANY, Plaintiff-Appellee, v. GEORGIA & FLORIDA RAILNET, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 25, 2008.

Attorney(s) appearing for the Case

Claudia K. Frey (argued), Kevin Michael Murphy, Colliau Elenius Murphy, Carluccio Kenner & Morrow, Dallas, TX, for Plaintiff-Appellee.

Danny M. Needham, Christopher Wayne Weber, Mullin, Hoard & Brown, Amarillo, TX, Ricardo Miguel Varrera (argued), Denver, CO, for Defendant-Appellant.

Before KING, HIGGINBOTHAM and SOUTHWICK, Circuit Judges.

SOUTHWICK, Circuit Judge:

After a bench trial in a declaratory judgment action, the district court found that a railroad had no coverage under an insurance policy for a former employee's claims of injury. We affirm that decision.

BACKGROUND

The railroad that is the defendant in this suit is Georgia & Florida RailNet, Inc. ("GFR"). It purchased a policy from the plaintiff, Columbia Casualty Company. Columbia brought this declaratory judgment action...

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