Cal-Dive International, Inc. v. Seabright Insurance

W. EUGENE DAVIS, Circuit Judge:

In this battle between two insurers, State National Insurance Company (“SNIC”) and Seabright Insurance Company (“Seabright”), we must determine which insurer had the obligation to defend Horizon, a defendant in an underlying tort action. We conclude that Seabright had no obligation to defend Horizon based on an exclusion in its policy that excluded coverage if its insured maintained a Protection and Indemnity policy that covered injuries to its crew. It is uncontested that Horizon had such a policy. We, therefore, reverse and render judgment in favor of…