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NETTO v. ATLANTIC SPECIALTY INS. CO.

No. 18-60588.

929 F.3d 214 (2019)

Gary W. NETTO; Dejuana L. Netto, Plaintiffs-Appellees v. ATLANTIC SPECIALTY INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED July 2, 2019.

Attorney(s) appearing for the Case

Ronnie G. Penton , Penton Law Firm, Bogalusa, LA, MaryAnna Penton Holley , The Penton Law Group, P.L.L.C., Flowood, MS, for Plaintiffs-Appellees.

Trace Dean McRaney, Esq. , Dukes, Dukes, Keating & Faneca, P.A., Gulfport, MS, for Defendant-Appellant.

Before OWEN, SOUTHWICK and HIGGINSON, Circuit Judges.

This case presents a question of first impression under Mississippi insurance law: may an insurer rely on a consent-to-settle exclusion in an insurance policy to deny coverage of a claim made by an unnamed additional insured under that policy? We conclude that absent evidence that the unnamed insured knew or should...

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