Apex Hospitality v. Indep Specialty

Case: 25-30107 Document: 72-1 Page: 1 Date Filed: 02/04/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED February 4, 2026 No. 25-30107 ____________ Lyle W. Cayce Clerk Apex Hospitality Group, L.L.C., Plaintiff—Appellee, versus Independent Specialty Insurance Company, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:23-CV-2060 ______________________________ Before Haynes, Duncan, and Ramirez, Circuit Judges.

Per Curiam:* Relying on the Convention on the Recognition and Enforcement of Arbitral Awards (the Convention), a domestic insurer sued seeks to compel an American company to arbitrate a dispute concerning a surplus line insurance policy covering property in Louisiana. During the pendency of this appeal, our court affirmed a district court’s application of Louisiana law to a materially identical policy in a factually similar case. See Town of Vinton v. _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-30107 Document: 72-1 Page: 2 Date Filed: 02/04/2026

No. 25-30107

Indian Harbor Ins. Co., 161 F.4th 282, 288 (5th Cir. 2025). Like Town of Vinton, this case involves a lawsuit against a domestic insurer and does not include the foreign insurer, so that issue is not in play. Accordingly, we must follow that case.

AFFIRMED.