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

No. 11-40512.

744 F.3d 917 (2014)

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

United States Court of Appeals, Fifth Circuit.

February 26, 2014.

Attorney(s) appearing for the Case

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

Richard Brent Cooper (argued), Esq. , Diana L. Faust , Cooper & Scully, P.C., Michelle Elaine Robberson , Cooper & Scully, P.C., Patrick J. Wielinski, Esq. , Rene Pinson, Esq. , Cokinos, Bosien & Young, P.C., Irving, TX, James Leon Cornell, Jr. , Cornell & Pardue, Vincent E. Morgan , Pillsbury Winthrop Shaw Pittman , Austin, TX, for Defendant-Appellee.

Before JOLLY, DAVIS, and BARKSDALE, Circuit Judges.

PER CURIAM:

Consistent with the January 17, 2014 Texas Supreme Court opinion and response1 to our certified question,2 we VACATE the judgment of the district court granting summary judgment to defendant, Amerisure Insurance Co. (Amerisure), on grounds that coverage was excluded under its contractual liability exclusion. We REMAND the case to the district court for...

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