Legal Opinion
Royal Insurance Company of America v. Hartford Underwriters Insurance Company
Court of Appeals for the Fifth Circuit
Decided November 17, 2004No. 03-20983PublishedCited by 27 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
Two insurance companies dispute whether their coverage of claims against a nursing home is primary, excess or pro rata. The district court held that one insurance company’s coverage was primary and the other insurance company’s coverage was excess. Based on Fifth Circuit precedent concerning Texas law, we disagree and hold that both policies offer primary coverage, which must be prorated. Accordingly, we REVERSE and REMAND for proceedings consistent with this opinion.
Background
In the underlying suit, the estate and surviving family members of deceased nursing…
2Cases cited12 opinions
- Heyden Newport Chemical Corp. v. Southern General Insurance Co.Texas Supreme Court · 1965
- American Physicians Insurance Exchange v. GarciaTexas Supreme Court · 1994
- Lafarge Corp. v. Hartford Casualty InsuranceCourt of Appeals for the Fifth Circuit · 1995
- Adamo v. State Farm Lloyds Co.Court of Appeals of Texas · 1993
- Hardware Dealers Mutual Fire Insurance Co. v. Farmers Insurance ExchangeTexas Supreme Court · 1969
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gomez v. St. Jude Medical Daig Division Inc.Court of Appeals for the Fifth Circuit · 2006
- Travelers Lloyds Insurance v. Pacific Employers InsuranceCourt of Appeals for the Fifth Circuit · 2010
- Harris Methodist Fort Worth v. Sales Support Services Inc. Employee Health Care PlanCourt of Appeals for the Fifth Circuit · 2005
- Cooper Industries, Ltd. v. National Union Fire Insurance Co. of PittsburghCourt of Appeals for the Fifth Circuit · 2017
- United States Fire Insurance Co. v. Scottsdale Insurance Co., Texas Court of Appeals, 5th District (Dallas)2008
22 more not listed; retrieve them via the Exa API.