Westchester Surplus Lines Insurance v. Maverick Tube Corp.

BENAVIDES, Circuit Judge:

Appellants Maverick Tube Corporation, Tubos del Caribe, Ltda, and Maverick Tube LP (collectively “Maverick”) appeal the declaratory judgment ruling that Appellee Westchester Surplus Lines Insurance Company (“Westchester”) had no duty to indemnify Maverick in an accident resulting from defective piping. This dispute involves the application of Missouri state law in determining if an insurance “occurrence” and the duty to indemnify exists. For the reasons set forth below, we reverse the district court’s grant of summary judgment and remand.

FACTUAL AND PROCEDURAL…