TECHNICAL AUTOMATION SERVICES v. LIBERTY SURPLUS

No. 10-20640.

673 F.3d 399 (2012)

TECHNICAL AUTOMATION SERVICES CORP., Plaintiff-Appellee, v. LIBERTY SURPLUS INSURANCE CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 5, 2012.


Attorney(s) appearing for the Case

Darren R. Rice , Thomas Edwin Walker (argued), Michael Dennis Wisdom , Walker, Rice & Wisdom, P.C., Houston, TX, for Plaintiff-Appellee.

Kevin Lamar Sewell (argued), Walker Sewell, L.L.P., Dallas, TX, for Defendant-Appellant.

Before KING, JOLLY, and WIENER, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

Liberty Surplus Insurance Corporation appeals the summary judgment awarded to its insured, Technical Automation Services Corporation, holding that Liberty had a duty to defend Technical Automation in an underlying lawsuit. The parties consented to trial and entry of judgment by a federal magistrate judge. In granting summary judgment, the magistrate judge applied the "eight corners" rule of contract interpretation to determine the duty...

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