United National Ins. Co. v. Mundell Terminal Servs., et al., No. 13-50052 (5th Cir. 2014)
Annotate this CaseThis case involved copper sheeting owned by BMI that was stolen while MTS stored it in its warehouse. Aon had issued an insurance policy to BMI which covered the stolen copper. Defendant MTS and Intervenor Defendants KDP and SMA appealed from the district court's grant of summary judgment in favor of UNIC in a declaratory judgment insurance coverage dispute. The district court held that UNIC's first-party insurance policy issued to MTS was excess to BMI's own insurance policy and, therefore, no coverage existed under UNIC's policy. The court affirmed the district court's grant of summary judgment, holding, inter alia, that the Aon policy constituted "other insurance" with respect to the UNIC policy. Pursuant to Exclusion K, no coverage existed under the UNIC policy for the thefts of BMI's copper. The court also concluded that the district court did not abuse its discretion in denying KDP's Rule 59 motion where there was no conflict between the district court's final judgment and its memorandum opinion.
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