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CARL E. WOODWARD v. ACCEPTANCE INDEM. INS. CO.

No. 12-60561.

743 F.3d 91 (2014)

CARL E. WOODWARD, L.L.C.; Gray Insurance Company, Plaintiffs-Appellees-Cross Appellants v. ACCEPTANCE INDEMNITY INSURANCE COMPANY, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

February 11, 2014.

Attorney(s) appearing for the Case

Samuel Clayton Kelly, Sr., Esq. , Attorney, Karen Elizabeth Howell, Esq. , Brunini, Grantham, Grower & Hewes, P.L.L.C., Jackson, MS, Todd Gregory Crawford, Esq. , Fowler Rodriguez Valdes — Fauli , Gulfport, MS, Eiland Stuart Ponder, Esq. , Fowler Rodriguez , New Orleans, LA, for Plaintiffs-Appellees-Cross Appellants.

Thear Jules Lemoine , James G. Wyly, III, Esq. , Attorney, Phelps Dunbar, L.L.P., Gulfport, MS, Jason Thomas Marsh, Esq. , Phelps Dunbar, L.L.P., Jackson, MS, for Defendant-Appellant-Cross Appellee.

Before GARZA, SOUTHWICK, and HAYNES, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

This appeal presents the final set of issues arising from claims of negligent construction of a condominium project in south Mississippi. The remaining parties are a contractor and two insurers. The district court held that a subcontractor's Commercial General Liability ("CGL") insurer breached its duty to defend the general contractor. Disputed on appeal are the district court's holding...

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