Barden Mississippi Gaming, LLC v. Great Northern Insurance Co., et al, No. 10-60643 (5th Cir. 2011)
Annotate this CasePlaintiff, Barden Mississippi Gaming LLC ("Barden"), brought a declaratory judgment action against defendants, Great Northern Insurance Company ("Great Northern") and Top Line Seating, Inc. ("Top Line"), where in an earlier appeal brought by Barden, the court concluded that under the terms of an insurance policy between the parties, Great Northern had a duty to defend Barden in a tort suit brought by an individual who had been injured on the premises of Barden's casino through the use of a stool sold by Top Line. At issue was whether Barden was entitled to indemnification from Great Northern and Top Line for the underlying judgment in the prior case. Also at issue was whether Barden was entitled to recovery of attorneys' fees and costs incurred in pursuing the present declaratory judgment action. The court held that under the insurance policy between the parties, Great Northern and Top Line were not obligated to indemnify Barden for the judgment in the prior case where the jury in that case determined that Top Line was not 100% negligent. The court also held that Barden was not entitled to recover attorneys' fees and costs where Barden failed to establish any possible basis for its claim.
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