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PROVOST v. UNGER

No. 91-3149.

949 F.2d 161 (1991)

David PROVOST, Plaintiff, v. Martin F. UNGER, et al., Defendants. AETNA LIFE & CASUALTY CO., Third-Party Plaintiff, v. BUDGET RENT A CAR OF NEW ORLEANS, INC., Third-Party Defendant-Appellant, Cross-Appellee, v. COLUMBIA CASUALTY INSURANCE COMPANY, d/b/a CNA, Third-Party Defendant-Appellee, Cross-Appellant. Isaac STEVENS, Plaintiff, v. Martin F. UNGER, et al., Defendants. AETNA LIFE & CASUALTY CO., Third-Party Plaintiff-Appellee, v. BUDGET RENT A CAR OF NEW ORLEANS, INC., Third-Party Defendant-Appellant, v. FARMERS INSURANCE COMPANY, INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

On Petitions for Rehearing January 15, 1992.

Attorney(s) appearing for the Case

Kevin K. Gipson, James L. Donovan, Donovan & Lawler, Metairie, La., for plaintiffs.

Julie Difulco Robles, Richard Allan Chopin, Hailey, McNamara, Hall, Larmann & Papale, Metairie, La., for Aetna Life & Cas. Co.

Michael E. Wanek, Hulse, Nelson & Wanek, New Orleans, La., for Columbia Cas. Ins. Co.

Claude D. Vasser, New Orleans, La., for Farmers Ins. Co.

Before WILLIAMS, DUHÉ, and EMILIO M. GARZA, Circuit Judges.

DUHÉ, Circuit Judge.

The parties in this case ask us to make sense of a welter of contradictory insurance policies. We therefore must divine the overall insuring intent, trying to understand how the jumble of policies may be ordered.

I. THE FACTS

A car and a truck were involved in an accident; both vehicles were being driven by employees in the course and scope of their employment. The three people in the truck were hurt, and the truck was damaged...

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