Law360 covered a 5th Circuit Court of Appeals ruling in a case between two homeowners and liability insurance company, Mid-Continent Casualty Co. The court ruled in favor of the homeowners, Doug and Karen Crownover, after reversing an earlier judgment that Mid-Continent correctly applied a contractual liability exclusion. The Crownovers asked for a rehearing after the initial ruling in June, stating that the order conflicts with a Texas Supreme Court decision in Ewing v. Amerisure Insurance Co.
Gardere Partner James Cooper told Law360 that he welcomed the court's decision, stating:
"This is a very thoughtful and well-reasoned opinion by the 5th Circuit panel. It carefully and correctly analyzes Texas insurance law and makes it more predicable and reasonable for policyholders who are dealing with coverage for construction defects."
Mr. Cooper and Gardere Senior Attorney Stacy R. Obenhaus assisted former Partner Gregory A. Harwell, now of the Slates Harwell firm, in briefing the insurance coverage issues to the 5th Circuit.
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