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  5. 774 S.W.2d 103 (1989)
 

FEDERAL INS. CO. v. TICOR TITLE INS. CO. OF CA

Nos. 09-88-171 CV, 09-88-252 CV.

774 S.W.2d 103 (1989)

FEDERAL INSURANCE COMPANY, Appellant, v. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, Appellee.

Court of Appeals of Texas, Beaumont.

June 29, 1989.

Attorney(s) appearing for the Case

Martin D. Beirne, Vincent J. Dugan, Susan K. Pavlica, Houston, for appellant.

Thomas Hutcheson, James E. Doyle, Laurie B. Easter, Houston, for appellee.

OPINION

BURGESS, Justice.

This is a default judgment case. Federal Insurance Company (Federal), insured Ticor Title Insurance Company of California (Ticor) against certain losses. On September 28, 1987, Ticor filed suit against Federal seeking damages of $5,000,000.00 (the amount of the policy), exemplary damages, prejudgment interest and attorneys fees. On November 18, Federal paid Ticor the $5,000,000.00 policy amount. On November 24, 1987, Ticor received...

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