CICCIARELLA v. AMICA MUT. INS. CO.

No. 95-40055 Summary Calendar.

66 F.3d 764 (1995)

Lillian CICCIARELLA; James F. Halloran; Vickey C. Halloran, M.D., Plaintiffs-Appellants, v. AMICA MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 17, 1995.


Attorney(s) appearing for the Case

Bernard Thorpe Halloran, Houston, TX, for plaintiffs-appellants.

Gina Fantasia, Jimmy Preston Wrotenbery, Anthony Scott Cox, Hirsch, Robinson, Sheiness & Glover, Houston, TX, for defendant-appellee.

Before DUHÉ, WIENER and STEWART, Circuit Judges.


WIENER, Circuit Judge:

Plaintiff-Appellant Lillian Cicciarella and others brought this suit in federal district court at Houston, Texas, against Defendant-Appellee Amica Mutual Insurance Company (Amica), alleging, inter alia, breach of contract for Amica's refusal to pay uninsured/underinsured motorist benefits. Amica moved for partial summary judgment, arguing that, as a matter of law, Cicciarella was not a "covered person...

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