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COLONY INS. CO. v. PEACHTREE CONST., LTD.

No. 09-11106.

647 F.3d 248 (2011)

COLONY INSURANCE CO., Plaintiff-Intervenor Defendant-Appellee v. PEACHTREE CONSTRUCTION, LTD., Defendant-Appellant. Great American Insurance, Co., Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

July 19, 2011.

Attorney(s) appearing for the Case

David C. Colley (argued), Underwood, Perkins & Ralston, Dallas, TX, for Plaintiff-Intervenor Defendant-Appellee.

Kevin Lamar Sewell (argued), Daniel Lee Gus , Walker Sewell, L.L.P., Dallas, TX, for Defendant-Third Party Plaintiff-Appellant and Intervenor-Appellant.

Before GARZA and BENAVIDES, Circuit Judges, and LYNN, District Judge.

EMILIO M. GARZA, Circuit Judge:

Appellants Peachtree Construction, Ltd. ("Peachtree") and Great American Insurance Company ("Great American") appeal the district court's grant of summary judgment in favor of Appellee Colony Insurance Company ("Colony"). Great American also appeals the lower court's Fed. R.Civ.P. 12(b)(6) dismissal of Great American's complaint in intervention.

This appeal raises two issues: (1) whether, undecr Texas law, an insurer's duty...

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