Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Appeal from the United States District Court for the Middle District of Louisiana

Plaintiff-Appellants filed suit in the United States District Court for the Middle District of Louisiana to recover attorneys’ fees and costs incurred in defending a civil action brought by Boston Old Colony Insurance Company (“Boston Old Colony”), the subrogee of GDC Enviro-Solutions, Inc. (“GDC”). United States Magistrate Judge Stephen C. Riedlinger found that Appellants, pursuant to the indemnification clause and the “Personal Guarantees” clause contained in the sales agreement entered between GDC and TPS Technologies, Inc. (“TPST”), were entitled to recover from the Elnaggar defendants reasonable attorneys’ fees and expenses incurred in defending the claims of Boston Old Colony. Appellants also sought to recover these attorneys’ fees and costs from Appellee Scottsdale Insurance Company (“Scottsdale”), the general liability insurer of GDC. Scottsdale did not dispute that the attorneys’ fees and costs sought by Appellants were covered under the terms of a comprehensive general liability insurance policy (“CGL policy”) issued to GDC by Scottsdale. The magistrate judge, however, found that two exclusions contained in the CGL policy barred recovery by Appellants against Scottsdale. In this diversity case involving interpretation of the comprehensive general liability policy under Louisiana law, Plaintiffs-Appellants Thermo Terratech (“Terratech”) and TPST appeal from the grant of judgment to Defendant-Appellee Scottsdale. We reverse.

I. Factual Background and Procedural History

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
April 25, 2024

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.

Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.

Learn More
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.

Learn More

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...

Apply Now ›

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...

Apply Now ›

Join the Mendocino County District Attorney s Office and work in Mendocino County home to redwoods, vineyards and picturesque coastline. ...

Apply Now ›
Connecticut Law Tribune


View Announcement ›
New Jersey Law Journal

Professional Announcement

View Announcement ›
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days

View Announcement ›