Southern Insurance Company v. Affiliated FM Insura
Court of Appeals for the Fifth Circuit
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge.
To paraphrase T.S. Eliot’s “The Hollow Men” (1925), this years-long stare-down between two insurers which covered the same property and risk, but for different insureds, ends not with a blink but Erie guesses. At issue is the extent vel non to which the insurers are liable. In that regard, these cross-appeals from cross-motions for summary judgment present a host of hotly-contested issues concerning the two policies, including loss-valuation, ambiguity, absurd-result, other-insurance, pro rata allocation of loss, and the coverage-limit to be used for one…
2Cases cited38 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Teresa Patrick v. Wal-Mart, IncorporatedCourt of Appeals for the Fifth Circuit · 2012
- Meditrust Financial Services Corp. v. Sterling Chemicals, Inc.Court of Appeals for the Fifth Circuit · 1999
- Nicholas Gray v. Michael PowersCourt of Appeals for the Fifth Circuit · 2012
- Jason D. W., by Next Friend Mr. & Mrs. Douglas W. v. Houston Independent School DistrictCourt of Appeals for the Fifth Circuit · 1998
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- Blue Hill Specialty Insurance Company, Inc. v. GrinstonDistrict Court, S.D. Mississippi · 2023
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