XL Specialty Insurance Co. v. Bollinger Shi

Case: 14-30332 Document: 00512938760 Page: 1 Date Filed: 02/18/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-30332 United States Court of Appeals Fifth Circuit FILED XL SPECIALTY INSURANCE COMPANY, February 18, 2015 Lyle W. Cayce Plaintiff Clerk v. BOLLINGER SHIPYARDS, INCORPORATED, ET AL, Defendants ---------------------------------------------------------------------------------------------------- BOLLINGER SHIPYARDS, INCORPORATED; BOLLINGER SHIPYARDS LOCKPORT, L.L.C.; HALTER BOLLINGER JOINT VENTURE, L.L.C., Plaintiffs - Appellants v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA; CHARTIS CLAIMS, INCORPORATED, Defendants - Appellees Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:12-CV-2071, 2:12-CV-2167 Before REAVLEY, JONES, and ELROD, Circuit Judges. Case: 14-30332 Document: 00512938760 Page: 2 Date Filed: 02/18/2015 No. 14-30332 PER CURIAM:* The district court judgment is affirmed because the claim of the alleged wrongful act by Bollinger Shipyards was made on the date of the tolling agreement in 2008 before the policy period in 2011. AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2