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FORD, BACON & DAVIS, L.L.C. v. TRAVELERS INS. CO.

No. 10-20319.

635 F.3d 734 (2011)

FORD, BACON & DAVIS, L.L.C., Plaintiff-Appellant, v. TRAVELERS INSURANCE CO.; Travelers Casualty & Surety Co.; Travelers Casualty & Surety Company of America, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 14, 2011.

Attorney(s) appearing for the Case

Lee Howard Shidlofsky , Alan Mark Cohen , Shidlofsky Law Firm, P.L.L.C., Austin, TX, Robert P. Scott, Jr. , Abrams, Scott & Bickley, L.L.P., Houston, TX, for Plaintiff-Appellant.

Kendall Matthew Gray , James Wiley George , Andrews Kurth, L.L.P., Houston, TX, for Defendants-Appellees.

Laura A. Foggan , Wiley Rein, L.L.P., Washington, DC, for Amicus Curiae, Complex Ins. Claims Lit. Ass'n.

Before BARKSDALE, CLEMENT and PRADO, Circuit Judges.

PRADO, Circuit Judge:

Ford, Bacon & Davis, LLC ("FBD LLC") appeals the district court's grant of summary judgment to the defendants (collectively, "Travelers"). FBD LLC argues that Travelers has a duty to defend it against asbestos-related lawsuits arising from its purchase of assets of another company, Ford, Bacon & Davis, Inc. ("FBD Inc."), for whom Travelers provided insurance coverage. It is undisputed that the 1996 Asset Purchase Agreement (the "Agreement...

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