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MIDLAND INS. CO. v. MARKEL SERV., INC.

No. 75-2134.

548 F.2d 603 (1977)

MIDLAND INSURANCE COMPANY, Plaintiff-Appellee Cross Appellant, v. MARKEL SERVICE, INCORPORATED, Defendant-Appellant Cross Appellee.

United States Court of Appeals, Fifth Circuit.

March 14, 1977.

Attorney(s) appearing for the Case

W. Richard Bernays, Dallas, Tex., for defendant-appellant cross appellee.

Tom M. Lorance, Wayne Adams, Houston, Tex., for plaintiff-appellee cross appellant.

Before BROWN, Chief Judge, and HILL and FAY, Circuit Judges.

JAMES C. HILL, Circuit Judge:

The plaintiff-appellee, Midland Insurance Company ("Midland"), alleges that the defendant, Markel Service, Inc. ("Markel"), misrepresented and concealed certain information, thereby causing Midland to incur a loss from its failure to cancel a policy of excess liability insurance. The plaintiff alleged damages in the amount of two hundred sixty thousand dollars ($260,000), the entire amount of a payment made to the insured covered by the...

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