Legal Opinion

Gulf Chemical & Metallurgical Corp. v. Associated Metals & Minerals Corp.

Court of Appeals for the Fifth Circuit

Decided September 13, 1993No. 92-7499PublishedCited by 83 opinions

1Opinion of the Court

REAVLEY, Circuit Judge:

Gulf Chemical & Metallurgical Corporation (Gulf) sued its insurers and its former parent corporation for breach of contract and declaratory judgment, alleging that these defendants ignored their contractual obligations to defend Gulf in an ongoing toxic-tort case that features some 2000 plaintiffs. On summary judgment, the district court apportioned Gulfs defense costs among Gulf and two of Gulfs insurers. We vacate the judgment and instruct changed apportionment.

I. BACKGROUND

From 1973 to 1984, Associated Metals & Minerals Corporation (ASOMA) operated a chemical plant…

2Cases cited30 opinions

  1. Aranda v. Insurance Co. of North AmericaTexas Supreme Court · 1988
  2. Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991
  3. Heyden Newport Chemical Corp. v. Southern General Insurance Co.Texas Supreme Court · 1965
  4. Barnett v. Aetna Life Insurance Co.Texas Supreme Court · 1987
  5. Puckett v. U.S. Fire Insurance Co.Texas Supreme Court · 1984

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3Cited by83 opinions

  1. Guideone Elite Insurance Co. v. Fielder Road Baptist ChurchTexas Supreme Court · 2006
  2. Aerojet-General Corp. v. Transport Indemnity Co.California Court of Appeal · 1997
  3. Owens-Illinois, Inc. v. United InsuranceSupreme Court of New Jersey · 1994
  4. American National Fire Insurance Co. v. B & L Trucking and Construction Co.Washington Supreme Court · 1998
  5. Canutillo Independent School District v. National Union Fire Insurance Co. of PittsburghCourt of Appeals for the Fifth Circuit · 1996

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