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ENSCO INTERN. v. CERTAIN UNDERWRITERS AT LLOYD'S

No. 08-10451.

579 F.3d 442 (2009)

ENSCO INTERNATIONAL, INCORPORATED, Plaintiff-Appellee, v. CERTAIN UNDERWRITERS AT LLOYD'S and Insurance Companies Subscribing to Policy Numbers and Cover Notes PE0500247, LDC070105(B), LCD070105(A), and B0621ELOEN0105; BC Johnson Associates, LLC; and Bryan Johnson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 12, 2009.

Attorney(s) appearing for the Case

David Wallace Holman (argued), Holman Law Firm, PC, Michael J. Maloney, Maloney, Martin & Associates, Houston, TX, for Plaintiff-Appellee.

Chester Joseph Makowski, Royston Rayzor, Harold K. Watson (argued), Christopher Benjamin Dove, Locke, Lord, Bissell & Liddell, L.L.P., Houston, TX, for Defendants-Appellants.

Before JOLLY, SMITH and OWEN, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

This case arises from a dispute over insurance policies (the "Policies") issued by the defendants (collectively, the "Underwriters") to plaintiff ENSCO International, Inc. ("ENSCO"). The sole issue is whether the Policies contain a waiver of the right to remove the case to federal court. Concluding that there is a waiver, we affirm the district court's order of remand.

I. Background

During Hurricane Katrina,...

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