Legal Opinion

Home Depot USA Inc. v. Ohio Casualty Group Mutual Insurance

Court of Appeals for the Fifth Circuit

Decided February 11, 2009No. 08-10385Unpublished

1Opinion of the Court

PER CURIAM: *

Home Depot USA, Inc. appeals from the district court’s order granting summary judgment to Ohio Casualty Group Mutual Insurance Company. We AFFIRM the district court’s judgment for the following reasons:

1. We are satisfied that Home Depot had a duty under the terms of the policy to provide timely notice of claim or suit to Ohio Casualty. The policy states that “you” refers to “the Named Insured shown in the declaration, and any other person or organization qualifying as a Named Insured under this policy.” (Emphasis added.) A review of the policy provisions, including the…

2Cases cited4 opinions

  1. American Justice Insurance Reciprocal v. HutchisonTennessee Supreme Court · 2000
  2. Reliance Insurance Co. v. Athena Cablevision Corp.Tennessee Supreme Court · 1977
  3. Lake Hill Motors, Inc. v. Jim Bennett Yacht Sales, Inc.Court of Appeals for the Fifth Circuit · 2001
  4. Kelley v. VanceCourt of Appeals of Tennessee · 1997

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