Aetna Casualty v. Acceptance Ins Co

*Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-30787
Summary Calendar
The Aetna Casualty & Surety Company,
Plaintiff-Appellee,
versus
Acceptance Insurance Co.,
Defendant-Appellant.
Appeal from the United States District Court
For the Eastern District of Louisiana
(99-CV-99–F)
January 12, 2001
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
This case concerns which insurers are obligated to pay
coverage for an accident that occurred at the Morial Convention
Center in New Orleans. Acceptance Insurance appeals from an order
of the district court that both the Aetna policy and Acceptance’s
policy are primary, and should share jointly in paying coverage.
Having reviewed the briefs and the record, we are convinced
that the district court judgment is correct and should be upheld.
Aetna is not attempting to subrogate into the rights of its

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insured, nor to seek contribution from its insured, nor to assert
any policy defenses. Rather, Aetna is suing to enforce the terms
of its insurance policy and Acceptance’s policy, which both provide
primary coverage on these facts. AFFIRMED.

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