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TOOPS v. U.S. FIDELITY AND GUAR. CO.

Civ. A. Nos. G-94-503, H-94-2418.

871 F.Supp. 284 (1994)

Richard TOOPS and Eloisa Toops, Individually and as Surviving Parents of Jeremy Brian Toops, Deceased, Larry D. Hurst, as Administrator of the Estate of Jeremy Brian Toops, Deceased, and Thomas William Holm v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Technical Risks, Inc., A/K/A Technical Risks Corporate Ins., Gulf Coast Marine, Inc., and Stonewall Surplus Lines Insurance Company. UNITED STATES FIDELITY AND GUARANTY COMPANY v. Richard TOOPS and Eloisa Toops, Individually and as Next Friend of Jeremy Brian Toops, Larry D. Hurst, as Administrator of the Estate of Jeremy Brian Toops, Deceased and Thomas Holm, Individually and as Assignees of Rig Runner Express, Inc., Rig Runner Express, Inc., of Texas, and Eric Allen Davidson.

United States District Court, S.D. Texas, Galveston Division.

Order Granting in Part and Denying in Part Motion for New Trial or to Amend Judgment January 5, 1995.

Attorney(s) appearing for the Case

Alton C. Todd, Todd & Hagood, Alvin, TX, for Richard NMI Toops, Eloisa NMI Toops, Larry D. Hurst, Thomas William Holm.

F. William Mahley, Griggs & Harrison, Houston, TX, for Gulf Coast Marine, Inc.

Wilton F. Chalker, Chalker Bair & Associates, Houston, TX, for Stonewall Surplus Lines Ins. Co.

Carol S. Butner, Fulbright & Jaworski, Scott David Lassetter, Weil Gotshal & Manges, Houston, TX, for U.S. Fidelity and Guar. Co.

William B. Underwood, III, LeBoeuf & Wittenmyer, Houston, TX, for Technical Risks Corporate Ins.

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

KENT, District Judge.

The above-captioned cases involve a breach of contract claim and Declaratory Judgment Act claims seeking to declare the rights and obligations of various insurance underwriters and agents to indemnify Richard and Eloisa Toops ("Toops"), Larry Hurst ("Hurst"), and Thomas Holm ("Holm") for a $12,020,231.76 judgment entered in their favor in a previous state-court personal injury suit...

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