Legal Opinion

Martin Resource Mgmt Corp. v. Zurich American Insu

Court of Appeals for the Fifth Circuit

Decided October 21, 2015No. 14-40512PublishedCited by 4 opinions

1Opinion of the Court

EDWARD C. PRADO, Circuit Judge:

This case centers on the interpretation of an excess-insurance-policy provision designed to cover losses exceeding the limits of a primary-insurance policy. Plaintiff-Appellant Martin Resource Management Corporation (“MRMC”) purchased excess insurance from Defendant-Appellee AXIS Insurance Company (“AXIS”). After suffering losses in a state lawsuit, MRMC sued in federal court to recover under its primary- and excess-insurance policies. MRMC eventually settled with its primary insurer for less than the liability limit in the primary policy. AXIS moved for summary…

2Cases cited18 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  3. Turner v. Baylor Richardson Medical CenterCourt of Appeals for the Fifth Circuit · 2007
  4. Tonia Royal v. CCC&R Tres Arboles, L.L.C.Court of Appeals for the Fifth Circuit · 2013
  5. Don's Building Supply, Inc. v. Onebeacon Insurance Co.Texas Supreme Court · 2008

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3Cited by4 opinions

  1. Terral River Svc v. S C F MrneCourt of Appeals for the Fifth Circuit · 2021
  2. Hopeman Bros., Inc. v. Cont'l Cas. Co.District Court, E.D. Virginia · 2018
  3. Richard Duhon and Cheryl Duhon v. Trucking the Right Way, LLC, Swift Transportation Company of Arizona, LLC, and Dennis Jermaine PowellDistrict Court, E.D. Texas · 2026
  4. TNT Gaming Center LLC v. American Specialty Insurance & Risk Services IncDistrict Court, N.D. Texas · 2025

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