Legal Opinion
Martco Ltd. Partnership v. Wellons, Inc.
Court of Appeals for the Fifth Circuit
Decided November 19, 2009No. 08-31247, 08-31248PublishedCited by 100 opinions
1Opinion of the Court
HAYNES, Circuit Judge:
This matter comes before us as a single ease consolidated from appeals No. OS-31247 and No. 08-31248. Both appeals arise from the same underlying case and center on essentially the same concerns. Accordingly, we address them together. In No.08-31247, Wellons Inc. (“Wellons”) appeals the district court’s determination that Wellons failed to carry its burden of establishing Admiral Insurance Company’s (“Admiral”) duty to defend Wellons under its commercial general liability policy (“Policy”). The district court declined to find a duty to defend, citing Exclusion (m) of the…
2Cases cited39 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Topalian v. EhrmanCourt of Appeals for the Fifth Circuit · 1992
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3Cited by100 opinions
- Colony Insurance v. Peachtree Construction, Ltd.Court of Appeals for the Fifth Circuit · 2011
- Hanover Insurance Co. v. Superior Labor Services, Inc.District Court, E.D. Louisiana · 2016
- Wisznia Company, Incorporated v. General Star IndeCourt of Appeals for the Fifth Circuit · 2014
- Castellanos-Contreras v. Decatur Hotels, LLCCourt of Appeals for the Fifth Circuit · 2010
- Peter Paske, Jr. v. Joel FitzgeraldCourt of Appeals for the Fifth Circuit · 2015
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