RIDGLEA ESTATE CONDOMINIUM ASS'N v. LEXINGTON INS.

No. 04-10447.

398 F.3d 332 (2005)

RIDGLEA ESTATE CONDOMINIUM ASSOCIATION, Plaintiff-Counter Defendant-Appellant, v. LEXINGTON INSURANCE COMPANY, Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 21, 2005.


Attorney(s) appearing for the Case

Russell Joseph Bowman (argued), Scott, Bowman & Stella, Dallas, TX, for Ridglea Estate Condominium Ass'n.

Julia Leigh Kurtz (argued), Wright, Brown & Close, Houston, TX, Marcus Jarrett Coleman, Cozen & O'Connor, Dallas, TX, for Lexington Ins. Co.

Before KING, Chief Judge, and JOLLY and DENNIS, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

In November 2001, Ridglea Estate Condominium Association ("Ridglea") submitted a claim to its insurer, Lexington Insurance Company ("Lexington"), for hail damage — apparently occurring in 1995 — to the roofs of its property in Fort Worth, Texas. Lexington denied the claim and brought suit against Ridglea, seeking a declaratory judgment that it was not liable for the damage. The district court realigned the parties, making...

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