IN RE MATTER OF COMPLAINT OF SETTOON TOWING

No. 11-31030.

720 F.3d 268 (2013)

In re In the MATTER OF the COMPLAINT OF SETTOON TOWING, L.L.C., as owner of M/V Cathy M. Settoon, and Barge CTCO 202, their engines, tackle, appurtenances, furniture, etc., for Exoneration from or Limitation of Liability. Settoon Towing, L.L.C., as owner of M/V Cathy M. Settoon, and Barge CTCO 202, their engines, tackle, appurtenances, furniture, etc., Petitioner v. St. Paul Surplus Lines Insurance Company, et al, Claimants. State National Insurance Company, Plaintiff-Appellant New York Marine & General Insurance Company; Federal Insurance Company, Plaintiffs-Appellees v. Settoon Towing, L.L.C., a Delaware Limited Liability Company, Defendant-Third Party Claimant-Appellant-Appellee v. St. Paul Fire & Marine Insurance Company, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 18, 2013.


Attorney(s) appearing for the Case

Harry Alston Johnson, III , Phelps Dunbar, L.L.P., Baton Rouge, LA, Sidney Daniel Meeks , Meeks & Associates, L.L.C., Metairie, LA, Thomas Kent Morrison, Esq. , Phelps Dunbar, L.L.P., James R. Sutterfield , Candace Rachelle Leblanc , Sutterfield & Webb, L.L.C., New Orleans, LA, for Plaintiffs-Appellees.

Thomas Gordon O'Brien, Esq. , Attorney, Johnny L. Domiano, Jr., Esq. , Louis C. LaCour, Jr. , Edwin Christian Laizer , Gregory Fortier Rouehell , Adams & Reese, L.L.P., New Orleans, LA, for Defendant-Appellant.

Celeste Darmstadter Elliott , Anne Elizabeth Briard, Esq. , Ralph S. Hubbard, III , Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, for Third Party Defendant-Appellee.

Before STEWART, Chief Judge, and GARZA and ELROD, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

This appeal arises out of an allision between the M/V CATHY M. SETTOON (the "CATHY"), a vessel owned by Settoon Towing, L.L.C. ("Settoon"), and an oil well. Settoon appeals the district court's grant of summary judgment in favor of New York Marine and General Insurance Company ("NYMAGIC"), Federal Insurance Company ("Federal"), and St. Paul Fire & Marine Insurance Company ("St. Paul") (together, the "umbrella insurers"), concluding...

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