In a suit between consecutive commercial general liability insurers, each of which contributed to a settlement of a construction defect lawsuit against its joint insured, the Fifth Circuit held that the first carrier was not obligated to provide coverage for all property damage under the "all sums" rule where the occurrence took place in its policy period because the Texas Supreme Court has not adopted the "all sums" rule in continuing property damage cases, and further held the second carrier did not meet its burden to demonstrate it overpaid sums for the settlement which the first carrier should have paid.
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