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ESTATE OF BRADLEY v. ROYAL SURPLUS LINES INS. CO.

No. 10-60650.

647 F.3d 524 (2011)

The ESTATE OF Mable Dean BRADLEY, by and through Gloria SAMPLE, Administratrix of the Estate of Mable Dean Bradley, as Assignee of claims held by Grancare, Incorporated, Mariner Health Care, Incorporated, Boyd P. Gentry, George Morgan, M. Scott Athans, Robin C. Skelton and Eleta Jo Grimmett, Plaintiff-Appellant, v. ROYAL SURPLUS LINES INSURANCE COMPANY, INCORPORATED; Lumbermen's Mutual Casualty Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 19, 2011.

Attorney(s) appearing for the Case

James Robert Freeman , Kathleen Clark Knight , Isaac Ramon Ruiz-Carus (argued), Wilkes & McHugh, P.A., Tampa, FL, for Plaintiff-Appellant.

John Stuart Robinson, Jr. , Richard Tracy Conrad, III , Wells, Marble & Hurst, P.L.L.C., Ridgeland, MS, Kathy Johnson Maus (argued), Butler Pappas, Tallahasee, FL, Ronald Steven Rawis , Louis Schulman , Butler, Pappas, Weihmuller, Katz, Craig, L.L.P., Tampa, FL, for Defendant-Appellee Royal Surplus Lines Insurance Co.

Michael Cleary Bruck , Sr. Lit. Atty. (argued), Alyssa Mara Reiter , Williams, Montgomery & John, Chicago, IL, William Trey Jones, III , Christopher Anthony Shapley , Brunini, Grantham, Grower & Hewes, P.L.L.C., Jackson, MS, for Defendant-Appellee, Lumbermen's Mutual Casual Company.

Before REAVLEY, GARZA and SOUTHWICK, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

In this insurance coverage dispute, the Estate of Mable Dean Bradley ("the Estate") appeals the district court's grant of summary judgment to the Defendants-Appellees Royal Surplus Lines Insurance Co. ("Royal") and Lumbermens Mutual Casualty Co. ("Lumbermens").1 The district court found that, as a matter of law, Royal and Lumbermens were not required to defend or indemnify a policyholder/defendant in a separate...

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