United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 19, 2005
Charles R. Fulbruge III
Clerk
No. 03-10705
LIBERTY MUTUAL INSURANCE COMPANY,
Plaintiff-Counter-Defendant, Appellee-Cross-Appellant,
versus
MID-CONTINENT INSURANCE COMPANY,
Defendant-Counter-Claimant, Appellant-Cross-Appellee.
Appeal from the United States District Court
for the Northern District of Texas
Before GARWOOD, JOLLY and BARKSDALE, Circuit Judges.
PER CURIAM:
TO THE SUPREME COURT OF TEXAS AND THE HONORABLE JUSTICES THEREOF
This court hereby amends its March 31, 2005 order in the above
case certifying to the Supreme Court of Texas the therein specified
determinative questions of Texas law. This amendment to the
certification order is made solely to correct a misstatement of
fact inadvertently contained in the certification order. The
certification order states that Mid-Continent settled the claims
against Crabtree, its named insured, at the same time or prior to
the settlement of the claims against Kinsel. That is incorrect, as
the settlement by Mid-Continent of the claims against Crabtree was
not made until after the claims against Kinsel were settled. Mid-
Continent settled the claims against Crabtree in separate
negotiations after the Kinsel settlement but before trial commenced
in the underlying suit brought by the Boutin family members.
Accordingly, at the time of the Kinsel settlement, Mid-Continent’s
policy limits had not been reduced by the amount of the Crabtree
settlement, and those policy limits were still subject to the
unresolved claims against Crabtree. As correctly stated in the
March 31, 2005 certification order, the amount paid by Mid-
Continent to settle the claims against Crabtree was $300,000.
Except as above stated, the March 31, 2005 certification order
in this case remains unaltered.