Ewing Construction Co., Inc. v. Amerisure Insuranc, No. 11-40512 (5th Cir. 2014)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on June 15, 2012.
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Case: 11-40512 Document: 00512545176 Page: 1 Date Filed: 02/26/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 11-40512 EWING CONSTRUCTION COMPANY, INCORPORATED, FILED February 26, 2014 Lyle W. Cayce Clerk Plaintiff - Appellant v. AMERISURE INSURANCE COMPANY, Defendant - Appellee Appeal from the United States District Court for the Southern District of Texas Before JOLLY, DAVIS, and BARKSDALE, Circuit Judges.. PER CURIAM: Consistent with the January 17, 2014 Texas Supreme Court opinion and response 1 to our certified question, 2 we VACATE the judgment of the district court granting summary judgment to defendant, Amerisure Insurance Co. ( Amerisure ), on grounds that coverage was excluded under its contractual liability exclusion. We REMAND the case to the district court for further proceedings, reserving to the parties any claims, defenses, and arguments other than those related to the contractual liability exclusion. VACATED AND REMANDED. Ewing Const. Co., Inc. v. Amerisure Ins. Co., 12-0661, __ S.W.3d __, 57 Tex. Sup. Ct. J. 195 (Tex. Jan. 17, 2014). 2 Ewing Construction Co., Inc. v. Amerisure Ins. Co., 690 F.3d 628, 633 (5th Cir. 2012). 1
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