STARR INDEM. & LIABILITY v. SGS PETROLEUM SERVICE

No. 12-20545.

719 F.3d 700 (2013)

STARR INDEMNITY & LIABILITY COMPANY, Plaintiff-Appellee v. SGS PETROLEUM SERVICE CORPORATION, now known as SGS North America, Incorporated, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 18, 2013.


Attorney(s) appearing for the Case

John A.V. Nicoletti, Esq. , William Matthew Fennell, Esq. , Attorney, Nicoletti, Hornig & Sweeney, New York, NY, William Tracy Freeman, Esq. , Attorney, Keith Bernard Letourneau , Bell, Ryniker & Letourneau, Houston, TX, for Plaintiff-Appellee.

David H. Brown , Attorney, Nancy R. Kornegay , Brown & Kornegay, L.L.P., Houston, TX, for Defendant-Appellant.

Before JONES and CLEMENT, Circuit Judges, and KAZEN, District Judge.


KAZEN, District Judge:

An insurer sought a declaratory judgment that it was not required to show prejudice before denying coverage for liability arising out of a pollution occurrence which the insured did not report within thirty days, as required by a pollution buy-back clause in the policy. The district court granted the insurer's motion for judgment on the pleadings and denied the insured's motion for summary judgment...

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