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CAL-DIVE INTERN., INC. v. SEABRIGHT INS. CO.

No. 10-30031.

627 F.3d 110 (2010)

CAL-DIVE INTERNATIONAL, INC.; State National Insurance Company, Plaintiffs-Appellees, v. SEABRIGHT INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 22, 2010.

Attorney(s) appearing for the Case

Sidney Daniel Meeks , Joseph Alfred Devall (argued), Wheat Opperman & Meeks, Metairie, LA, for Plaintiffs-Appellees.

Henry Harvey LeBas , Barry J. Rozas (argued), LeBas Law Offices, A.P.L.C., Lafayette, LA, for Defendant-Appellant.

Before KING, GARWOOD and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

In this battle between two insurers, State National Insurance Company ("SNIC") and Seabright Insurance Company ("Seabright"), we must determine which insurer had the obligation to defend Horizon, a defendant in an underlying tort action. We conclude that Seabright had no obligation to defend Horizon based on an exclusion in its policy that excluded coverage if its insured maintained a Protection and Indemnity policy that covered injuries...

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