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GABARICK v. LAURIN MARITIME (AMERICA), INC.

No. 10-30886.

649 F.3d 417 (2011)

Stephen Marshall GABARICK, on behalf of himself and all others similarly situated; et al., Plaintiffs, v. LAURIN MARITIME (AMERICA), INCORPORATED; et al., Defendants. Indemnity Insurance Company of North America, Plaintiff-Intervenor-Appellant, Houston Casualty Insurance Company, Intervenor-Appellant, v. American Commercial Lines, L.L.C.; American Commercial Lines, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 9, 2011.

Attorney(s) appearing for the Case

Richard A. Cozad (argued), Franklin Hardy Jones, III , Emma Alexandra Mekinda , McAlpine & Cozad, New Orleans, LA, for Appellants.

Glenn G. Goodier , Richard David Bertram , Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., New Orleans, LA, Nooshin Namazi, John A.V. Nicoletti (argued), Nicoletti, Hornig & Sweeney, New York City, NY, for Defendants-Appellees.

Before HIGGINBOTHAM, OWEN and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

Appellants Houston Casualty Company and Indemnity Insurance Company of North America (collectively, the "Excess Insurers"), appeal the district court's decision requiring them to pay prejudgment interest on the funds deposited into the court's registry in an interpleader action. The Excess Insurers argue that the district court erred by: (1) finding that coverage under the excess policy was triggered by the primary insurer's filing of an interpleader...

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