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BURDITT v. WEST AMERICAN INS. CO.

No. 95-50352.

86 F.3d 475 (1996)

Vernon BURDITT and Polly Burditt, Plaintiffs-Appellants, v. WEST AMERICAN INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 2, 1996.

Attorney(s) appearing for the Case

Thomas T. Black, San Antonio, TX, Charles Darby Riley, San Antonio, TX, for plaintiffs-appellants.

John M. Curney, Mary Ann Randolph, Johnson, Curney & Fields, San Antonio, TX, for defendant-appellee.

Before DEMOSS and DENNIS, Circuit Judges, and DUPLANTIER, District Judge.

DENNIS, Circuit Judge:

The Burditts brought this action seeking to recover under a homeowner's insurance policy for foundation damage allegedly caused by a leaking pipe. They filed suit in state court against West American Insurance (the Company) for coverage under their policy, violations of the Texas Insurance Code, Tex.Ins.Code Ann. art. 21.21 § 16 (Vernon 1994) and Tex.Bus. & Com.Code Ann. § 17.50 (Vernon 1994), and breach of the Company's duty of...

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