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WILSHIRE INS. CO. v. RJT CONST., LLC

No. 08-50925.

581 F.3d 222 (2009)

WILSHIRE INSURANCE CO., Plaintiff-Appellee, v. RJT CONSTRUCTION, LLC, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 26, 2009.

Attorney(s) appearing for the Case

Katherine D. Mackillop (argued), Edward B. Adams, Fulbright & Jaworski, L.L.P., Houston, TX, for Wilshire Ins. Co.

Leonard W. Woods (argued), Jackson Walker, L.L.P., Austin, TX, for RTJ Constr., LLC.

Before KING, HIGGINBOTHAM and CLEMENT, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

RJT Construction LLC, the insured, appeals the district court's summary judgment in favor of Wilshire Insurance Co., the insurer, in Wilshire's action seeking a declaratory judgment that it had no duty to defend.

I

Wilshire insured RJT under two consecutive commercial general liability policies running from June 2004 through June 2006. In 1999, RJT repaired the foundation of the home of William Ashbaugh after...

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