Opinion
ACTION NO. 4:99-CV-1023-Y
April 30, 2002
ORDER REOPENING CASE AND GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
The United States Court of Appeals for the Fifth Circuit, in a decision filed with this Court on April 22, 2002, reversed and remanded the decision of the United States District Court for the Northern District of Texas, the Honorable Eldon B. Mahon presiding.
Accordingly, it is ORDERED that above-styled and numbered cause is REOPENED.
This lawsuit involves an insurance-policy dispute between an insured, Andrews Transport, Inc. ("Andrews"), and its insurer, CNA Reinsurance company, Ltd. ("CNA"). Andrews, a Texas-based trucking and transport company, filed this declaratory judgment action regarding liability insurance coverage for a lawsuit filed against the company on July 9, 1999, in Texas state court, William Lloyd Bridges v. Andrews Transport, Inc. and Andrews Leasing Inc. Andrews seeks a declaration that CNA has a duty to defend Andrews in the underlying lawsuit pursuant to an Employment Practices Liability Insurance policy, issued to Andrews by CNA on or about August 1, 1998. Both parties have agreed that this matter can and should be resolved by the court as a matter of law on summary judgment and without the necessity of a trial.
Furthermore, it is ORDERED that Andrews's Motion for Summary Judgment is GRANTED for the reasons stated in the Fifth Circuit's decision. CNA Reinsurance Company, Ltd. has a duty to defend Andrews in the suit brought against it by Bridges.
It is further ordered that CNA's Motion for Summary Judgment is DENIED.