The Lone Ranger Rides Again – The Fifth Circuit’s Withdrawal of its Ranger Opinion and Certification to the Texas Supreme Court

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The U.S. Court of Appeals for the Fifth Circuit has responded to the request for rehearing in Ranger Insurance, Ltd. v. BP P.L.C., 710 F.3d 388 (5th Cir. Mar. 1, 2013) by withdrawing its March 1, 2013 opinion (reversing the district court and affording BP unlimited access to Transocean's primary and excess CGL coverage), and certifying two questions to the Texas Supreme Court for the determination of how Texas law (applicable under a choice-of-law provision in the relevant policies) should apply (Ranger Insurance, Ltd. v. BP P.L.C., Appeal No. 12-30230 (5th Cir. Aug. 29, 2013). The Texas Supreme Court has set a preliminary briefing schedule calling for initial briefing to be completed by mid-November. To read a summary of the withdrawal and certification opinion, please click here.