OXEA Corp v. Certain Underwriters

Opinion

Case: 25-20138 Document: 76-1 Page: 1 Date Filed: 06/08/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

____________ FILED June 8, 2026 No. 25-20138 Lyle W. Cayce ____________ Clerk

OXEA Corporation, doing business as OQ Chemicals Corporation,

Plaintiff—Appellant,

versus

Certain Underwriters at Lloyds, London Subscribing to Policy No. ENVP0000060-20,

Defendant—Appellee. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:23-CV-1125 ______________________________

Before Smith, Willett, and Ramirez, Circuit Judges. Per Curiam:* OXEA Corporation appeals a summary judgment dismissing its claims for breach of contract and violations of the Texas Prompt Payment of Claims Act. It argues that the district court erred in determining that an exclusion in its insurance policy and the fortuity doctrine barred coverage of its claim. Having reviewed the record and briefs and heard oral argument, we _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-20138 Document: 76-1 Page: 2 Date Filed: 06/08/2026

No. 25-20138

find no error and AFFIRM. See In re TransTexas Gas Corp., 597 F.3d 298, 309 (5th Cir. 2010). AFFIRMED.