CX Reinsurance Co v. Technical Const, et al

Filing 920060821

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _________________________ No. 05-20806 Summary Calendar _________________________ August 21, 2006 Charles R. Fulbruge III Clerk

CX REINSURANCE COMPANY LIMITED, formerly known as CNA Reinsurance Company LTD, Plaintiff-Appellee, versus TECHNICAL CONSTRUCTION SERVICES INC.; RAUL F. RIVAS, Individually; ARC SERVICES LC, doing business as Allied Construction Services, Defendants-Appellants. __________________________________________________ Appeal from the United States District Court for the Southern District of Texas (4:03-CV-4147) __________________________________________________ Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* In this insurance coverage dispute, a policyholder and additionallyinsured parties (collectively the "insured parties") appeal from the district court's grant of summary judgment in favor of the insurance provider. The insured parties dispute the district court's determination that (1) claims for the personal injury to an independent contractor's employee are excluded from coverage and (2) the

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. -1-

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insurance provider did not waive its coverage defense. The court has carefully reviewed the briefs and pertinent parts of the record and has found no reversible error of law or fact. Accordingly, we AFFIRM essentially for the reasons stated by the district court.

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