Texas Court Must Address Liability Exclusions Case: 5th Circ.

Law360, New York (August 9, 2012, 2:54 PM EDT) -- The Fifth Circuit on Wednesday withdrew its opinion in favor of Amerisure Insurance Co. in a hotly contested dispute over the interpretation of a contractual liability exclusion, saying it needs the Texas Supreme Court to clarify exactly how Texas law affects the case.

In June an appeals panel voted 2-1 to uphold a federal district court's finding that Amerisure had no duty to defend or Ewing Construction Co. in an underlying lawsuit filed by the Tuloso-Midway Independent School District over allegedly faulty tennis courts. The panel...
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