Assoc Intl Ins Co v. Blythe

UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 01-20298
ASSOCIATED INTERNATIONAL INSURANCE COMPANY,
Plaintiff-Counter Defendant-Appellee,
VERSUS
BOYD BLYTHE; ET AL.,
Defendants,
BOYD BLYTHE; CHRISTOPHER SHAWN WOOD, Individually, and
as Representative of Slade Zacharia Wood,
Defendants-Counter-Claimants-Appellants.
Appeals from the United States District Court
For the Southern District of Texas, Houston
April 16, 2002
ON PETITION FOR REHEARING
(Opinion March 22, 2002, 5th Cir., 2002, ____F.3d____)
Before DAVIS, WIENER and BARKSDALE, Circuit Judges.
PER CURIAM:
We deny Associated International Insurance Company’s motion
for rehearing.
In response to Associated’s petition for panel rehearing, we

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substitute the following in place of section IV of the opinion as
originally issued:
IV.
Based on our review of the case law in Texas and in other
jurisdictions, we conclude that under the allegations of
Associated’s complaint, Blythe was covered under the Associated
excess policy as an additional insured and the district court’s
judgment denying Blythe’s Partial Motion for Summary Judgment and
granting Associated’s Motion for Summary Judgment on that issue
must be reversed. The district court’s order dismissing Blythe’s
and Wood’s extra-contractual claims against Associated solely as a
consequence of the district court’s conclusion on the coverage
issue must also be reversed and those claims remanded for trial.
Accordingly, the district court’s judgment is REVERSED and
this case is REMANDED for further proceedings consistent with this
opinion.

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