5th Circuit Affirms Stay of Insurance Dispute, Denial of Summary Judgment
December 14, 2004
NEW ORLEANS -- The 5th Circuit Court of Appeals has affirmed a court-ordered stay of a declaratory action in which two insurers are seeking judgment on whether underlying asbestos claims are covered within products hazard/completed operation provisions of their insurance policies. American Employers' Insurance Co. v. Eagle Inc., No. 03-31129 (5th Cir.).
In a Dec. 6 opinion, the 5th Circuit also upheld the district court's denial of the insurers' motion for summary judgment, ruling that the decision was an interlocutory order and, therefore, not appealable.
According to the 5th Circuit, Eagle Inc. is a defendant in approximately 2,000 underlying …