BROOKS, TARLTON, GILBERT, ET AL. v. U.S. FIRE INS.

No. 86-1768.

832 F.2d 1358 (1987)

BROOKS, TARLTON, GILBERT, DOUGLAS & KRESSLER, Etc., Plaintiffs-Appellees, Cross-Appellants, v. UNITED STATES FIRE INSURANCE COMPANY, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 9, 1987.


Attorney(s) appearing for the Case

William M. Murphy, Murphy, Shrull, Moore & Bell, Fort Worth, Tex., for defendant-appellant, cross-appellee.

James B. Barlow and Cora S. Werley, Barlow, Garsek & Bowers, Fort Worth, Tex., for plaintiffs-appellees, cross-appellants.

Before RANDALL, WILLIAMS and GARWOOD, Circuit Judges.


RANDALL, Circuit Judge:

Defendant, an insurance company, appeals the district court's decision — based on competing cross-motions — to grant summary judgment in favor of plaintiff, the insured, on a breach of contract claim. In a related argument, defendant also challenges the district court's award of damages on the contract claim. Next, defendant appeals the district court's determination that defendant's conduct toward its insured violated the Texas...

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