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VRV DEVELOPMENT L.P. v. MID-CONTINENT CAS. CO.

No. 10-10123.

630 F.3d 451 (2011)

VRV DEVELOPMENT L.P., formerly known as VRV Development, Inc.; Marken Management GP L.L.C.; Kenny Marchant, Plaintiffs-Appellants, v. MID-CONTINENT CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 7, 2011.

Attorney(s) appearing for the Case

William Frank Carroll (argued), Thomas Butler Alleman , Cox Smith Matthews, Inc., Dallas, TX, Brett W. Schouest , Cox Smith Matthews, Inc., San Antonio, TX, for Plaintiffs-Appellants.

Richard Brent Cooper (argued), Diana L. Faust , Michelle Elaine Robberson , Cooper & Scully, P.C., Dallas, TX, for Defendant-Appellee.

Before REAVLEY, BENAVIDES and CLEMENT, Circuit Judges.

BENAVIDES, Circuit Judge:

This case arises from defendant Mid-Continent Casualty Co.'s refusal to defend and indemnify plaintiffs VRV Development L.P. ("VRV L.P."), Marken Management GP L.L.C. ("Marken"), and Kenny Marchant ("Marchant") (collectively, "VRV") in an underlying lawsuit in Texas state court. The district court held that VRV is not entitled to defense and indemnity because VRV L.P. is not covered under two commercial general liability ("CGL") policies...

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