Legal Opinion

Southern Insurance Company v. Affiliated FM Insura

Court of Appeals for the Fifth Circuit

Decided July 21, 2016No. 15-60472PublishedCited by 22 opinions

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

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Teresa Patrick v. Wal-Mart, IncorporatedCourt of Appeals for the Fifth Circuit · 2012
  3. Meditrust Financial Services Corp. v. Sterling Chemicals, Inc.Court of Appeals for the Fifth Circuit · 1999
  4. Nicholas Gray v. Michael PowersCourt of Appeals for the Fifth Circuit · 2012
  5. Jason D. W., by Next Friend Mr. & Mrs. Douglas W. v. Houston Independent School DistrictCourt of Appeals for the Fifth Circuit · 1998

33 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Guillot v. RussellCourt of Appeals for the Fifth Circuit · 2023
  2. Philadelphia Indemnity Insurance Co. v. Lexington Insurance Co.Court of Appeals for the Tenth Circuit · 2017
  3. EMJ Corporation v. Hudson Specialty InsuranCourt of Appeals for the Fifth Circuit · 2016
  4. Titan Exteriors, Inc. v. Lloyd'SDistrict Court, N.D. Mississippi · 2018
  5. Blue Hill Specialty Insurance Company, Inc. v. GrinstonDistrict Court, S.D. Mississippi · 2023

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API