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BUI v. ST. PAUL MERCURY INS. CO.

No. 91-4727.

981 F.2d 209 (1993)

Hung Duc BUI and Richard Lan Bui, Plaintiffs-Appellees, Cross-Appellants, v. ST. PAUL MERCURY INSURANCE CO., Defendant-Appellant, Cross-Appellee, Huey T. Littleton Claim Service of Texas, Inc., Defendant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

January 14, 1993.

Attorney(s) appearing for the Case

William F. O'Rourke, John B. Geddie, Kroll & Tract, Houston, Tex., for appellant.

Denise Hubbard, Jon B. Burmeister, Moore, Landrey, Garth & Jones, Beaumont, Tex., for Bui.

James H. Powers, Stephen K. Hamilton, Gwendolyn S. Frost, Houston, Tex., for Huey T. Littleton Claim Service of Texas, Inc.

Before GOLDBERG, JOLLY, and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

St. Paul Insurance Co. ("St. Paul"), the defendant in this case, insured a boat that Hung Duc Bui and Richard Lan Bui owned. When the boat partially sunk, St. Paul paid $53,000 to the bank that held the mortgage on the Buis' boat. St. Paul, however, refused to pay the Buis because its investigator, Huey T. Littleton Claims Service of Texas, Inc. ("Littleton"), found that the Buis had negligently...

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