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AMERICAN STATES INS. v. SYNOD OF RUSSIAN ORTHODOX CHURCH OUTSIDE OF RUSSIA

Nos. 02-50119, 02-50438.

335 F.3d 493 (2003)

AMERICAN STATES INSURANCE COMPANY, et al., Plaintiffs, American Economy Insurance Company, Plaintiff-Appellant, v. SYNOD OF THE RUSSIAN ORTHODOX CHURCH OUTSIDE OF RUSSIA, et al., Defendants, Synod of the Russian Orthodox Church Outside of Russia, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 9, 2003.

Attorney(s) appearing for the Case

Brian Lynn Blakeley (argued), Blakeley & Reynolds, San Antonio, TX, for American Economy Ins. Co.

Lin Hughes (argued), McGinnis, Lochridge & Kilgore, Austin, TX, Karan Cummings Ciotti, McGinnis, Lochridge & Kilgore, Houston, TX, for Synod of the Russian Orthodox Church Outside of Russia.

Before BENAVIDES, STEWART and CLEMENT, Circuit Judges.

CARL E. STEWART, Circuit Judge:

American Economy Insurance Company ("American Economy") appeals the district court's grant of summary judgment to the Synod of the Russian Orthodox Church Outside of Russia ("Church") regarding its duty to indemnify the Church for claims arising out of litigation involving the molestation of a minor. For the following reasons we vacate and remand.

FACTUAL AND PROCEDURAL BACKGROUND

In August 2000, the Church was sued...

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