No. 08-61043.

591 F.3d 439 (2009)

QBE INSURANCE CORPORATION, Plaintiff-Appellee, v. BROWN & MITCHELL, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 17, 2009.

Attorney(s) appearing for the Case

Clyde Xenophon Copeland, III (argued), Harris, Jernigan & Geno, P.L.L.C., Ridgeland, MS, for Plaintiff-Appellee.

Walter C. Morrison, IV, Michael Thomas Jaques (argued), Sessums, Dallas & Morrison, P.L.L.C., Ridgeland, MS, for Defendant-Appellant.

Before JOLLY, WIENER, and BARKSDALE, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this insurance coverage/exclusion dispute, Brown & Mitchell, Inc. ("BMI") appeals the district court's grant of summary judgment to QBE Insurance Corp. ("QBE"). QBE originally filed a declaratory judgment action to determine whether BMI's excess commercial general liability policy (the "Policy") required QBE to provide coverage for or defend BMI in a wrongful death suit. QBE argued that the underlying incident did not constitute...

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