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ACE AMERICAN INS. CO. v. FREEPORT WELDING

No. 12-20002.

699 F.3d 832 (2012)

ACE AMERICAN INSURANCE CO., Plaintiff-Appellee, v. FREEPORT WELDING & FABRICATING, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 19, 2012.

Attorney(s) appearing for the Case

Martin Samuel Schexnayder , Marjorie Leigh Cohen (argued), Wilson, Elser, Moskowitz, Edelman & Dicker, L.L.P., Houston, TX, for Plaintiff-Appellee.

Charles Michael Brackett (argued), Thomas Khleber Moore, III , Glast, Phillips & Murray, Houston, TX, for Defendant-Appellant.

Before STEWART, Chief Judge, and DeMOSS and GRAVES, Circuit Judges.

CARL E. STEWART, Chief Judge:

Freeport Welding & Fabricating, Inc. ("Freeport") and Brand Energy Solutions, L.L.C. ("Brand Energy") were named defendants in a personal injury suit in Texas state court. ACE American Insurance Company ("ACE") insures Brand Energy. Freeport sought defense and indemnity from ACE in the state court proceedings as an additional insured under Brand Energy's insurance policy with ACE. ACE denied Freeport's request, contending that it...

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