ZURICH AMERICAN INSURANCE COMPANY v. ARCH INS. CO.

No. 20-50966.

20 F.4th 250 (2021)

ZURICH AMERICAN INSURANCE COMPANY, Plaintiff-Appellant, v. ARCH INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED December 14, 2021.


Attorney(s) appearing for the Case

Ramiro Morales , Elizabeth B. Celniker , Morales Fierro & Reeves, Concord, CA, for Plaintiff—Appellant.

Christopher Dove, Esq. , Jill Annette Schaar , Attorney, Locke Lord, L.L.P., Houston, TX, Kent Hofmann , Locke Lord, L.L.P., Austin, TX, for Defendant—Appellee.

Before DAVIS, HAYNES, and OLDHAM, Circuit Judges.


This appeal arises from a highway construction project gone wrong. The question presented is whether the issuer of a commercial general liability policy, Arch Insurance Company, has a duty to defend the project's general contractor. The district court answered no. We disagree and reverse.

I.

A...

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