Keller Foundations, Inc. v. Wausau Underwriters Insurance

OWEN, Circuit Judge:

Wausau Underwriters Insurance Co. (Wausau) appeals the district court’s judgment holding Keller Foundations, Inc. and Suncoast Post-Tension, L.P. (collectively, Keller Companies) are entitled to defense and indemnity under a commercial general liability policy Wausau issued to Travis International, Inc., from whom the Keller Companies acquired certain assets. Because the Keller Companies agreed to assume liability for the particular losses in question and explicitly excluded the Wausau policy from the asset transfer, we reverse.

I

Keller Foundations entered into a purchase…