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EWING CONSTRUCTION COMPANY, INCORPORATED, Plaintiff-Appellant v. AMERISURE INSURANCE COMPANY, Defendant-Appellee

United States Court of Appeals for the Fifth Circuit2014-02-26No. No. 11-40512
744 F.3d 917

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Opinion

majority opinion

PER CURIAM:

Consistent with the January 17, 2014 Texas Supreme Court opinion and response to our certified question, 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, 420 S.W.3d 30, 57 Tex. Sup.Ct. J. 195 (Tex. Jan. 17, 2014).

. Ewing Construction Co., Inc. v. Amerisure Ins. Co., 690 F.3d 628, 633 (5th Cir.2012).