Beaumont Rice Mill, Inc. v. Mid-American Indemnity Insurance Company

DUHÉ, Circuit Judge:

Defendant/Appellant Mid-American Indemnity Insurance Company issued an excess general liability policy to its insured, Appellee Beaumont Rice Mill, Inc. Beaumont Rice was originally sued by Joseph Henderson, who was injured when a sack of rice fell on him during the course of his employment with Lake Charles Stevedores. Beaumont Rice third-partied Mid-American, seeking declaratory relief as to the policy interpretation and damages for bad faith, violations of Texas Deceptive Trade Practices Act (“DTPA”) and the Texas Insurance Code, and negligence.

After Beaumont and other…