NATIONAL CAS. CO. v. WESTERN WORLD INS. CO.

No. 10-41012.

669 F.3d 608 (2012)

NATIONAL CASUALTY COMPANY, Plaintiff-Appellee-Cross-Appellant, v. WESTERN WORLD INSURANCE COMPANY, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

February 3, 2012.


Attorney(s) appearing for the Case

Kathleen Hopkins Alsina (argued), Peri Hayriye Alkas , Phelps Dunbar, L.L.P., Houston, TX, for Plaintiff-Appellee Cross-Appellant.

Robert Glenn Hogue (argued), Dallas, TX, for Defendant-Appellant Cross-Appellee.

Before HIGGINBOTHAM, DAVIS and STEWART, Circuit Judges.


CARL E. STEWART, Circuit Judge:

Two insurers dispute whether their respective insurance policies require them to defend the insured against allegations regarding an accidental death. Both insurers sought a declaratory judgment from the district court that their policies did not cover the underlying lawsuit. After the district court ruled that each insurer must provide primary coverage for the accident, both insurers appealed...

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