SOUTHERN INS. CO. v. AFFILIATED FM INS. CO.

No. 15-60472.

830 F.3d 337 (2016)

SOUTHERN INSURANCE COMPANY, Plaintiff-Appellant, Cross-Appellee v. AFFILIATED FM INSURANCE COMPANY; University of Southern Mississippi Alumni Association, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED July 21, 2016.


Attorney(s) appearing for the Case

Dan W. Webb , Jessie Wayne Doss, Jr., Esq. , Webb Sanders & Williams, P.L.L.C., Tupelo, MS, for Plaintiff-Appellant Cross-Appellee.

Edward J. Currie, Jr., Esq. , Senior Attorney, Currie Johnson & Myers, P.A., Jackson, MS, Michael Andrew Montgomery, Esq. , Butler Weihmuller Katz Craig, L.L.P., Mobile, AL, for Defendants-Appellees Cross-Appellants.

Before SMITH, BARKSDALE, and COSTA, Circuit Judges.


To paraphrase T.S. Eliot's "The Hollow Men" (1925), this years-long stare-down between two insurers which covered the same property and risk, but for different insureds, ends not with a blink but Erie guesses. At issue is the extent vel non to which the insurers are liable. In that regard, these...

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