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SOSEBEE v. STEADFAST INS. CO.

No. 11-31134.

701 F.3d 1012 (2012)

Tim SOSEBEE; Mark Writesman; Dale Patillo, Plaintiffs-Appellees, v. STEADFAST INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 27, 2012.

Attorney(s) appearing for the Case

Joseph Edward Cain (argued), Stephen Jay Herman , Herman, Herman, Katz & Cotlar, L.L.P., New Orleans, LA, for Plaintiffs-Appellees.

Michael Don Peytavin (argued), Daryl Arthur Higgins , Gaudry, Ranson, Higgins & Gremillion, L.L.C., Gretna, LA, for Defendant-Appellant.

Before JONES, GARZA and PRADO, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Appellant Steadfast Insurance Co. ("Steadfast") appeals from the district court's order denying Steadfast summary judgment and granting summary judgment to Appellees Sosebee, Writesman, and Patillo ("Sosebee"). The district court held Steadfast waived its coverage defense. We REVERSE and render summary judgment in favor of Steadfast.

I

Tim Sosebee, Mark Writesman, and Dale...

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