Ingalls Shipbuilding v. Federal Insurance Co, et a , 410 F.3d 214 ( 2005 )

United States Court of Appeals REVISED OCTOBER 4, 2005 Fifth Circuit IN THE UNITED STATES COURT OF APPEALS F I L E D August 25, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 03-60358 _____________________ INGALLS SHIPBUILDING Plaintiff - Appellant - Cross-Appellee v. FEDERAL INSURANCE CO Defendant - Appellee v. TRANSOCEAN OFFSHORE INC Cross-Appellant ---------------------------------------- NIGEL S BROUSSARD Plaintiff v. TRANSOCEAN OFFSHORE INC; ET AL Defendants TRANSOCEAN OFFSHORE INC Defendant - Cross Defendant - Counter Claimant - Cross-Appellant v. CERTIFIED EMPLOYEE SERVICES INC Defendant - Appellee v. MH PYRAMID INC Defendant - Cross Claimant - Cross Defendant - Cross-Appellee and CRAFT WELDING & CONTRACTING CO Defendant - Cross Claimant - Counter Defendant - Cross-Appellee v. INGALLS SHIPBUILDING Appellant - Cross-Appellee --------------------------------------- TRANSOCEAN OFFSHORE Plaintiff - Appellee - Cross-Appellant v. TUDOR INSURANCE CO; ET AL Defendants NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA; NATIONAL FIRE & MARINE INSURANCE COMPANY Defendants - Appellants - Cross-Appellees _____________________ No. 03-60557 _____________________ INGALLS SHIPBUILDING Plaintiff v. FEDERAL INSURANCE COMPANY Defendant --------------------------------------------- TRANSOCEAN OFFSHORE Plaintiff - Appellee v. TUDOR INSURANCE COMPANY; ET AL Defendants NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA; NATIONAL FIRE & MARINE INSURANCE COMPANY Defendants - Appellants --------------------- Appeals from the United States District Court for the Southern District of Mississippi --------------------- ON PETITION FOR REHEARING AND REHEARING EN BANC Before WIENER and PRADO, Circuit Judges, and LITTLE, District Judge.* PER CURIAM: The Petition for Rehearing filed by National Union Fire Insurance Company of Pittsburgh, Pennsylvania (“National Union”) is DENIED, and as no member of this panel nor judge in regular active service on the court has requested that the court be polled on rehearing en banc (FED. R. APP, P. AND 5TH CIR. R. 35), the Petition for Rehearing En Banc is also DENIED. The Petition for Panel Rehearing filed by National Fire & Marine Insurance Company (“National Fire”) is GRANTED in part, for the limited purpose of modifying the portion of our opinion * District Judge for the Western District of Louisiana, sitting by designation. that remanded for the district court to re-determine the amount of Transocean’s defense costs for which National Fire is responsible. That portion of our opinion is hereby deleted and withdrawn. Therefore, the district court’s original calculation of the portion of Transocean’s defense costs for which National Fire is obligated is AFFIRMED.