Assicurazioni Gen v. Koch Service Inc

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 21, 1997
• Docket: 96-41041
• Status: Unpublished

Opinion

UNITED STATES COURT OF APPEALS For the Fifth Circuit

No. 96-41041 Summary Calendar

ASSICURAZIONI GENERALI, S.P.A.,

Plaintiff-Appellant-Cross-Appellee,

VERSUS

KOCH SERVICE, INC.,; KOCH REFINING CO.,

Defendants-Appellees-Cross-Appellants.

Appeal from the United States District Court For the Southern District of Texas (C-96-CV-48) April 11, 1997

Before WISDOM, KING, and SMITH, Circuit Judges.

PER CURIAM:*

Assicurazioni Generali asserts that the exclusions contained

in an insurance policy it issued to Koch Service, Inc. relieve it

of any duty to defend Koch in suits arising from asbestos

exposure. The district court found that, under Texas law, any

ambiguity contained in an insurance agreement must be construed

* Pursuant to Local Rule 47.5, the court has determined t hat this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. in favor of coverage. We affirm. See Old Republic Insurance Co.

v. Comprehensive Healthcare Assoc., Inc., 2 F.3d 105 (5th Cir.

1993).

AFFIRMED.