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NATIONAL UNION FIRE INS. v. CNA INS. COMPANIES

No. 93-5344.

28 F.3d 29 (1994)

NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PENNSYLVANIA, Plaintiff-Appellant, v. CNA INSURANCE COMPANIES and Columbia Casualty Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 6, 1994.

Attorney(s) appearing for the Case

Marion S. (Bob) Roberts, Austin, TX, for plaintiff-appellant.

Robert M. Hardy, Jr., Hughes & Luce, A. Scot Chase, Matthiesen & Associates, Houston, TX, for defendants-appellees.

Before GARWOOD and EMILIO M. GARZA, Circuit Judges, and HEAD, District Judge.

EMILIO M. GARZA, Circuit Judge:

National Union Fire Insurance Company ("National Union"), an upper-level excess insurance carrier, brought an action against a lower-level excess insurance carrier, Columbia Casualty Company ("Columbia"), claiming that Columbia had breached either a direct or indirect duty to National Union to settle litigation brought against the mutual insured, Ariens Company ("Ariens"). On appeal, we must determine whether the district court erred...

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