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KELLER FOUNDATIONS v. WAUSAU UNDERWRITERS INS.

No. 08-50253.

626 F.3d 871 (2010)

KELLER FOUNDATIONS, INC.; Suncoast Post-Tension, L.P., formerly known as Keller Suncoast L.P., Plaintiffs-Appellees, v. WAUSAU UNDERWRITERS INSURANCE CO., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 19, 2010.

Attorney(s) appearing for the Case

James Leon Cornell, Jr . (argued), Cornell & Pardue, Houston, TX, for Plaintiffs-Appellees.

Catherine L. Hanna (argued), Eric Scott Peabody , Hanna & Plaut, L.L.P., Austin, TX, for Defendant-Appellant.

Before GARWOOD, GARZA and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Wausau Underwriters Insurance Co. (Wausau) appeals the district court's judgment holding Keller Foundations, Inc. and Suncoast Post-Tension, L.P. (collectively, Keller Companies) are entitled to defense and indemnity under a commercial general liability policy Wausau issued to Travis International, Inc., from whom the Keller Companies acquired certain assets. Because the Keller Companies agreed to assume liability for the particular losses in...

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