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744 F.3d 917
5th Cir.
2014

*1 Before JOLLY, DAVIS, and BARKSDALE, Circuit Judges..

PER CURIAM:

Consistent with the January 17, 2014 Texas Supreme Court opinion and response [1] to our certified question, [2] we VACATE the judgment of the district court granting summary judgment to defendant, Amerisure Insurance Co. (“Amerisure”), on grounds that coverage was excluded under its contractual liability exclusion. We REMAND the case to the district court for further proceedings, reserving to the parties any claims, defenses, and arguments other than those related to the contractual liability exclusion.

VACATED AND REMANDED.

[1] Ewing Const. Co., Inc. v. Amerisure Ins. Co., 12-0661, __ S.W.3d __, 57 Tex. Sup. Ct. J. 195 (Tex. Jan. 17, 2014).

[2] Ewing Construction Co., Inc. v. Amerisure Ins. Co., 690 F.3d 628, 633 (5th Cir. 2012).

Case Details

Case Name: Ewing Construction Co., Inc. v. Amerisure Insuranc
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Feb 26, 2014
Citations: 744 F.3d 917; 2014 U.S. App. LEXIS 3688; 2014 WL 757188; 11-40512
Docket Number: 11-40512
Court Abbreviation: 5th Cir.
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