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EMPLOYERS INS. OF WAUSAU v. TROTTER TOWING CORP.

No. 86-4790.

834 F.2d 1206 (1988)

EMPLOYERS INSURANCE OF WAUSAU, Plaintiff, v. TROTTER TOWING CORP., A Corp., et al., Defendants. TROTTER TOWING CORP., et al., Counter-Plaintiffs-Appellants Cross-Appellees, v. EMPLOYERS INSURANCE OF WAUSAU, Counter-Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

January 4, 1988.

Attorney(s) appearing for the Case

Frank S. Thackston, Jr., Claude L. Stuart, III, Greenville, Miss., for appellants.

Gary T. Sacks, Joel K. Goldstein, St. Louis, Mo., Ernest Lane, III, Greenville, Miss., for appellee.

Before CLARK, Chief Judge, GEE and RUBIN, Circuit Judges.

CLARK, Chief Judge:

This case involves a dispute over whether a marine hull insurance policy issued by Employers Insurance of Wausau to Trotter Towing Corp. covers a fire that occurred on the vessel M/V SHENANDOAH. The district court erred in refusing to hold that, as a matter of law, the policy did not cover the fire. We affirm the district court's summary judgment denying punitive damages for alleged bad faith.

I.

The policy in issue is the third...

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