EVANSTON INS. CO. v. MID-CONTINENT CAS. CO.

No. 17-20812.

909 F.3d 143 (2018)

EVANSTON INSURANCE COMPANY, Plaintiff-Appellee v. MID-CONTINENT CASUALTY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED November 19, 2018.


Attorney(s) appearing for the Case

Jason K. Fagelman, Esq. , Norton Rose Fulbright US, L.L.P., Dallas, TX, Warren S. Huang , Megan Roberts , Norton Rose Fulbright US, L.L.P., Houston, TX, for Plaintiff-Appellee.

Richard Brent Cooper, Esq. , Diana L. Faust , Robert J. Witmeyer , Cooper & Scully, P.C., Dallas, TX, for Defendant-Appellant.

Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.


This is a dispute between a primary liability insurer and an excess liability insurer over the number of "accidents" that took place under an insurance policy. Over a ten-minute period on November 15, 2013, the insured's Mack truck struck (1) a Dodge Ram, (2) a Ford F150, (3) a Honda Accord, (4) a toll plaza, and...

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