Legal Opinion

Motiva Enterprises, LLC v. St. Paul Fire & Marine Insurance

Court of Appeals for the Fifth Circuit

Decided February 6, 2006No. 05-20139PublishedCited by 25 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

IT IS ORDERED that the Petition for Panel Rehearing is GRANTED. The opinion of the court issued on February 6, 2006,.at 439 F.3d 243, is withdrawn, and the following opinion substituted in its place.

Plaintiff-Appellant Motiva Enterprises, L.L.C. (“Motiva”) settled an action brought against it for damages without notice to Appellee National Union, its insurer, and without obtaining National Union’s consent. Motiva sued National Union to recover the amount Motiva paid in settlement, contending that it had no obligation to comply with the condition in the policy to…

2Cases cited7 opinions

  1. Hernandez v. Gulf Group LloydsTexas Supreme Court · 1994
  2. Laura Marie Rhodes v. Chicago Insurance Company, a Division of Interstate National CorporationCourt of Appeals for the Fifth Circuit · 1983
  3. State Farm Lloyds Insurance Co. v. MaldonadoTexas Supreme Court · 1998
  4. G.H. Leidenheimer Baking Co. v. SharpCourt of Appeals for the Fifth Circuit · 2006
  5. PAJ, Inc. v. Hanover Insurance Co., Texas Court of Appeals, 5th District (Dallas)2005

2 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Coastal Refining & Marketing, Inc. v. United States Fidelity & Guaranty Co., Texas Court of Appeals, 14th District (Houston)2007
  2. Maryland Casualty Co. v. American Home Assurance Co., Texas Court of Appeals, 1st District (Houston)2009
  3. United Neurology, P.A. v. Hartford Lloyd's InsuranceDistrict Court, S.D. Texas · 2015
  4. Babcock & Wilcox Co. v. American Nuclear InsurersSuperior Court of Pennsylvania · 2013
  5. Colony National Insurance v. Unique Industrial Product Co.Court of Appeals for the Fifth Circuit · 2012

20 more not listed; retrieve them via the Exa API.

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