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BUILDERS TRANSPORT, INC. v. FORD MOTOR CO.

Nos. Civ.A. 1:95-CV-0381, 1:96-CV-0209.

25 F.Supp.2d 739 (1998)

BUILDERS TRANSPORT, INC., Plaintiff, v. FORD MOTOR COMPANY, Defendant. BUILDERS TRANSPORT, INC., Plaintiff, v. ALEXANDER & ALEXANDER OF NEW YORK, INC., Tri-City Insurance Brokers, Inc., American International Group, Inc., The Insurance Company of the State of Pennsylvania, Reliance National Indemnity Company and Law, Snakard & Gambill, Defendants.

United States District Court, E.D. Texas, Beaumont Division.

April 3, 1998.

Attorney(s) appearing for the Case

J. Thad Heartfield, Heartfield & McGinnis, L.L.P., Beaumont, TX, Christopher A. Marothy, Fischbein Badillo Wagner Harding, New York City for plaintiff Builders Transport, Inc.

Frank G. Jones, Jeff Cody, Fulbright & Jaworski, L.L.P., Dallas, TX, for defendant The Insurance Company of the State of Pennsylvania.

MEMORANDUM OPINION AND ORDER GRANTING MOTION OF BUILDERS TRANSPORT, INC. FOR SUMMARY JUDGMENT AND DENYING MOTION OF INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA FOR SUMMARY JUDGMENT

JOE J. FISHER, District Judge.

In this diversity action, the Court is asked to examine the terms of an umbrella insurance policy and determine the extent of the insurer's liability to contribute to the cost of defense. Even though the carrier paid $13-million...

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