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HARBOR INS. CO. v. URBAN CONST. CO.

No. 92-2288.

990 F.2d 195 (1993)

HARBOR INSURANCE CO., Plaintiff-Appellee, v. URBAN CONSTRUCTION CO. and Augusta Court Co-Owners Association, Inc., Defendants, Urban Construction Co., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 27, 1993.

Attorney(s) appearing for the Case

Robert D. Green, Houston, TX, for defendant-appellant.

Robert C. Tarics, Michael Branisa, Bonham, Carrington & Fox, Houston, TX, for plaintiff-appellee.

Before REYNALDO G. GARZA, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a dispute between a commercial insurer and its insured. The insured, Urban Construction Co., was held liable for damage caused by defects in its condominium project. Harbor Insurance Co. held an umbrella policy during construction and, relying on their diversity of citizenship, sought a declaration from the federal courts that it had no duty to indemnify Urban. Urban counterclaimed for damages. The district court granted...

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