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FRUGE v. AMERISURE MUT. INS. CO.

No. 10-31178.

663 F.3d 743 (2011)

Michael J. FRUGE, et al., Plaintiffs, v. AMERISURE MUTUAL INSURANCE COMPANY, Defendant-Appellant Cross-Appellee, v. Chubb Custom Insurance Co., Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

November 22, 2011.

Attorney(s) appearing for the Case

Edward D. Markle (argued), Markle & Associates, New Orleans, LA, for Defendant-Appellant.

John Powers Wolff, III (argued), Nancy B. Gilbert , Rebecca Hall Klar , Virginia Jordan McLin , Keogh, Cox & Wilson, Ltd., Michael Mann Thompson , Law Offices of Keith Giardina, Baton Rouge, LA, for Defendant-Appellee.

Before JONES, Chief Judge, HAYNES, Circuit Judge, and ENGELHARDT, District Judge.

PER CURIAM:

Amerisure Mutual Insurance Company appeals the district court's summary-judgment ruling determining that Louisiana law prohibits the consideration of extrinsic evidence to prove mutual mistake; ranking Amerisure as the primary insurer; and allowing another third-party insurer, Chubb Custom Insurance Company, to bring a cross-claim for defense fees. Because the district court erred in refusing to consider extrinsic evidence to prove the theory of mutual...

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