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CONSOLIDATED COMPANIES, INC. v. LEXINGTON INS. CO.

No. 09-30178.

616 F.3d 422 (2010)

CONSOLIDATED COMPANIES, INC., Plaintiff-Appellee Cross-Appellant, v. LEXINGTON INSURANCE COMPANY, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

August 17, 2010.

Attorney(s) appearing for the Case

Alan Harry Goodman (argued), William R. Forrester, Jr., Lemle & Kelleher, L.L.P., New Orleans, LA, for Consolidated Companies, Inc.

Daniel Winthrop Nelson (argued), Scott Payne Martin, Gibson, Dunn & Crutcher, L.L.P., Washington, DC, John E.W. Baay, II, Robert I. Siegel, Gieger, Laborde & Laperouse, L.L.C., New Orleans, LA, for Lexington Ins. Co.

Before BENAVIDES, STEWART and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

A warehouse located in Harahan, Louisiana, was damaged by Hurricane Katrina. The warehouse owner filed suit against its commercial-property insurer due to the parties' disagreement over the amount owed under the policy. After a jury trial, a substantial amount above what the insurer offered was awarded. Statutory damages and penalties were also imposed. Judgment was entered accordingly. The insurer appealed.

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