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BERKLEY REGIONAL INS. v. PHILADELPHIA INDEM. INS.

No. 11-50595.

690 F.3d 342 (2012)

BERKLEY REGIONAL INSURANCE COMPANY, as Subrogee of Venus Rouhani and as Assignee/Subrogee of the Tower of Town Lake Condominium Association, Inc., Plaintiff-Appellee, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 2, 2012.

Attorney(s) appearing for the Case

John Charles Tollefson (argued), Stephen Andrew Melendi , Lori Joanne Murphy , Tollefson, Bradley, Ball & Mitchell, L.L.P., Dallas, TX, for Plaintiff-Appellee.

Stephanie L. O'Rourke (argued), Principal Lit. Counsel, Karen L. Landinger , Cokinos, Bosien & Young, P.C., San Antonio, TX, Tracy Glenn , Cokinos, Bosien & Young, P.C., Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, HAYNES and HIGGINSON, Circuit Judges.

HAYNES, Circuit Judge:

Philadelphia Indemnity Insurance Company ("Philadelphia") appeals the grant of summary judgment to Berkley Regional Insurance Company ("Berkley"). We REVERSE and REMAND.

I. Facts

As the district court aptly characterized it, this case is "factually straightforward, [but] contractually complex." Berkley Reg'l Ins. Co. v. Phila. Indem. Ins. Co., No. 1:10-CV-362, Order at 2 (W.D.Tex. Apr. 27, 2011). Accordingly, we describe...

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