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AMERISURE INS. CO. v. NAVIGATORS INS. CO.

No. 09-20060.

611 F.3d 299 (2010)

AMERISURE INSURANCE CO., Plaintiff-Appellant, v. NAVIGATORS INSURANCE CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 13, 2010.

Attorney(s) appearing for the Case

David Morgan Pruessner (argued), Jes Alexander, Law Offices of David M. Pruessner, Dallas, TX, for Plaintiff-Appellant.

Innes A. Mackillop (argued), Ronald Lee White, White, Mackillop & Gallant, P.C., Houston, TX, for Navigators Ins. Co.

Before KING, BARKSDALE and ELROD, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

This case arises out of a disagreement between two insurers over their respective duties to indemnify for personal injuries sustained in an automobile accident. Amerisure, the primary insurer, argued that it did not have a duty to indemnify. Navigators, the excess insurer, disagreed, demanding that Amerisure pay the $1 million limit of its policy. The insurers, however, agreed that the personal-injury lawsuit should be settled...

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