IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
________________________
NO. 01-20924 ________________________
SANDWICH CHEF OF TEXAS, INC., doing business as Wall Street Deli, Individually and for Others Similarly Situated,
Plaintiff-Appellee,
versus
RELIANCE NATIONAL INDEMNITY INSURANCE COMPANY, formerly known as Planet Insurance Company; RELIANCE INSURANCE COMPANY; RELIANCE LLOYDS; RELIANCE NATIONAL INSURANCE CO.; UNITED PACIFIC INSURANCE CO.; HOME INSURANCE COMPANY, formerly known as City Insurance Co., formerly known as Home Indemnity Company, formerly known as Home Insurance Company, formerly known as Home Insurance Company of Indiana; LIBERTY MUTUAL INSURANCE COMPANY; LIBERTY MUTUAL FIRE INSURANCE COMPANY; LIBERTY INSURANCE CORPORATION; AMERICAN & FOREIGN INSURANCE COMPANY; GLOBE INDEMNITY CO.; ROYAL INDEMNITY CO.; ROYAL INSURANCE COMPANY OF AMERICA; SAFEGUARD INSURANCE CO.; BITUMINOUS CASUALTY CORPORATION; BITUMINOUS FIRE AND MARINE INSURANCE CO.; GREAT WEST CASUALTY INSURANCE CO.; INTERNATIONAL BUSINESS & MERCANTILE REASSURANCE CO.; OLD REPUBLIC INSURANCE COMPANY; NORTH RIVER INSURANCE CO.; INTERNATIONAL INSURANCE COMPANY; WESTCHESTER FIRE INSURANCE COMPANY; UNITED STATES FIRE INSURANCE COMPANY; UNITED STATES FIDELITY AND GUARANTY COMPANY; FIDELITY & GUARANTY INSURANCE UNDERWRITERS INC; INDUSTRIAL INDEMNITY; CHUBB INDEMNITY INSURANCE CO.; CHUBB LLOYDS INSURANCE CO. OF TEXAS; FEDERAL INSURANCE COMPANY; GREAT NORTHERN INSURANCE CO.; NORTHWESTERN PACIFIC INDEMNITY CO.; PACIFIC INDEMNITY COMPANY; SUN INSURANCE OFFICE OF AMERICA INC; TEXAS PACIFIC INDEMNITY CO.; VIGILANT INSURANCE CO.; HIGHLANDS INSURANCE COMPANY; HIGHLANDS UNDERWRITERS INSURANCE CO.; HIGHLANDS CASUALTY CO.; ABERDEEN INSURANCE CO.; BANKERS STANDARD INSURANCE CO.; CENTURY INDEMNITY CO.; INDEMNITY INSURANCE COMPANY OF NORTH AMERICA; INSURANCE COMPANY OF NORTH AMERICA; PACIFIC EMPLOYERS INSURANCE COMPANY; ATLANTIC INSURANCE CO.; AUTOMOBILE INSURANCE COMPANY OF HARTFORD CONNECTICUT; CHARTER OAK FIRE INSURANCE COMPANY; FARMINGTON CASUALTY CO.; GULF GROUP LLOYDS; GULF INSURANCE CO.; NIPPON FIRE/MARINE INSURANCE CO. LTD., U S Branch; PHOENIX INSURANCE COMPANY; SELECT INSURANCE CO.; STANDARD FIRE INSURANCE CO.; TRAVELERS CASUALTY & SURETY CO., formerly known as Aetna Casualty & Surety Co.; TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, formerly known as Aetna Casualty and Surety Company of America; TRAVELERS CASUALTY & SURETY COMPANY OF ILLINOIS, formerly known as Aetna Casualty & Surety Company of Illinois; TRAVELERS INDEMNITY COMPANY; TRAVELERS INDEMNITY COMPANY OF AMERICA; TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, THE, formerly known as Travelers Indemnity Company of Rhode Island; TRAVELERS INDEMNITY CO. OF ILLINOIS; TRAVELERS INSURANCE COMPANY; ARGONAUT INSURANCE COMPANY; ARGONAUT MIDWEST INSURANCE COMPANY; ARGONAUT SOUTHWEST INSURANCE COMPANY; AMERICAN HOME ASSURANCE COMPANY; BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA; COMMERCE AND INDUSTRY INSURANCE CO.; GRANITE STATE INSURANCE COMPANY; ILLINOIS NATIONAL INSURANCE COMPANY; THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA; NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA; NEW HAMPSHIRE INSURANCE COMPANY; AMERICAN MANUFACTURING MUTUAL INSURANCE CO.; AMERICAN MOTORISTS INSURANCE COMPANY; AMERICAN PROTECTION INSURANCE CO.; LUMBERMENS MUTUAL CASUALTY COMPANY; EMCASCO INSURANCE CO.; EMPLOYERS MUTUAL CASUALTY COMPANY; FARMLAND MUTUAL INSURANCE CO.; NATIONWIDE AGRIBUSINESS INSURANCE CO.; NATIONWIDE INDEMNITY INSURANCE CO.; NATIONWIDE MUTUAL FIRE INSURANCE CO.; NATIONWIDE MUTUAL INSURANCE COMPANY; NATIONWIDE PROPERTY AND CASUALTY INSURANCE CO.; SCOTTSDALE INDEMNITY CO.; MIDDLESEX INSURANCE CO.; SENTRY INSURANCE, A Mutual Company; EMPLOYERS INSURANCE OF WAUSAU, A Mutual Company; WAUSAU BUSINESS INSURANCE CO.; WAUSAU UNDERWRITERS INSURANCE COMPANY; AGRICULTURAL INSURANCE CO.; AMERICAN ALLIANCE INSURANCE