Legal Opinion
Clemtex, Inc. v. Southeastern Fidelity Insurance Company
Court of Appeals for the Fifth Circuit
Decided January 21, 1987No. 86-2329PublishedCited by 11 opinions
1Opinion of the Court
JOHNSON, Circuit Judge:
Plaintiff Clemtex, Inc., brought this action for a judgment declaring its rights under the deductible provisions of insurance policies issued by defendants Southeastern Fidelity Insurance Company (“Southeastern”), Foremost Insurance Company (“Foremost”), and Great Atlantic Insurance Company (“Great Atlantic”). The district court concluded that the insurance contracts were not ambiguous and adopted defendants’ interpretation of the contracts. In our judgment there is ambiguity; we therefore reverse and remand for further proceedings.
1. FACTS AND PROCEDURAL HISTORY
Plaintif…
2Cases cited36 opinions
- American Home Products Corporation, Plaintiff-Appellant-Cross-Appellee v. Liberty Mutual Insurance Company, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1984
- Keene Corp. v. Insurance Co. of North AmericaCourt of Appeals for the D.C. Circuit · 1981
- Porter v. American Optical Corp.Court of Appeals for the Fifth Circuit · 1981
- Froude v. Eagle-Picher Industries, Inc.Supreme Court of the United States · 1983
- Insurance Co. of North America v. Forty-Eight Insulations, Inc.Court of Appeals for the Sixth Circuit · 1980
31 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lafarge Corp. v. Hartford Casualty InsuranceCourt of Appeals for the Fifth Circuit · 1995
- In Re: Prudential Lines Inc.Court of Appeals for the Second Circuit · 1998
- Guaranty National Insurance v. Azrock Industries Inc.Court of Appeals for the Fifth Circuit · 2000
- Liberty Mut. Ins. Co. v. Wheelwright Trucking Co.Supreme Court of Alabama · 2002
- NuStar Energy, L.P., and Kaneb Management Company, L.L.C. v. Diamond Offshore Company, Texas Court of Appeals, 14th District (Houston)2013
6 more not listed; retrieve them via the Exa API.