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WESTCHESTER SURPLUS LINES INS. v. MAVERICK TUBE

No. 09-20071.

590 F.3d 316 (2009)

WESTCHESTER SURPLUS LINES INSURANCE COMPANY, Plaintiff-Appellee, v. MAVERICK TUBE CORPORATION, Defendant-Appellant. Maverick Tube LP, a Delaware limited partnership; Tubos Del Caribe, LTDA, a Colombian sociedade por quotas de responsabiliadade limitada, Plaintiffs-Appellants, v. Westchester Surplus Lines Insurance Company, a Georgia Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 10, 2009.

Attorney(s) appearing for the Case

Joseph Anthony Ziemianski (argued), Emily Joanna Nelson, April Michelle Zubizarreta, Cozen O'Connor, Houston, TX, for Appellee.

Charles Tynan Buthod (argued), Stephen G. Tipps, W. Zachary Hughes, Maryanne Lyons, Baker Botts, L.L.P., Houston, TX, for Appellants.

Before KING, DAVIS and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Appellants Maverick Tube Corporation, Tubos del Caribe, Ltda, and Maverick Tube LP (collectively "Maverick") appeal the declaratory judgment ruling that Appellee Westchester Surplus Lines Insurance Company ("Westchester") had no duty to indemnify Maverick in an accident resulting from defective piping. This dispute involves the application of Missouri state law in determining if an insurance "occurrence" and the duty to indemnify exists....

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