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EWING CONST. CO., INC. v. AMERISURE INS. CO.

No. 11-40512.

684 F.3d 512 (2012)

EWING CONSTRUCTION COMPANY, INCORPORATED, Plaintiff-Appellant, v. AMERISURE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 15, 2012.

Attorney(s) appearing for the Case

Lee Howard Shidlofsky (argued), Douglas Paul Skelley , Shidlofsky Law Firm, P.L.L.C., Austin, TX, for Plaintiff-Appellant.

Richard Brent Cooper (argued), Diana L. Faust , Michelle Elaine Robberson , Cooper & Scully, P.C., Dallas, TX, for Defendant-Appellee.

Patrick J. Wielinski , Rene Pinson , Cokinos, Bosien & Young, P.C., Irving, TX, J. James Cooper , Gardere Wynne Sewell, L.L.P., Houston, TX, for Texas Bldg. Branch of the Associated Gen. Contractors of America, American Subcontractors Ass'n, Inc., ASA of Texas, Inc., TEXO — The Const. Ass'n, Associated Gen. Contractors — Houston Chapter, Texas Ass'n of Builders, National Ass'n of Home Builders, Associated Builders and Contractors of Texas, Amici Curiae.

Before JOLLY, DAVIS and BARKSDALE, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal calls upon us to interpret, under Texas law, a Commercial General Liability (CGL) insurance policy. Although CGL policies are standard-form documents, their terms are not interpreted uniformly nationwide. In many jurisdictions, the term that is the subject of this appeal — the contractual liability exclusion — is given a highly-technical, less-than-obvious meaning. In Texas, the same term is given its plain...

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