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U.S. BANK NAT. ASS'N v. SAFEGUARD INS. CO.

No. 3:04-CV-2102-D.

422 F.Supp.2d 698 (2006)

U.S. BANK NATIONAL ASSOCIATION (Successor in Interest to State Street Bank & Trust Company), as Trustee for the Registered Holders of BTC Commercial Mortgage Pass-Through Certificates, Series BTR Trust 1991-S1, Acting by and Through its Special Servicer, GMAC Commercial Mortgage Corporation, Plaintiff, v. SAFEGUARD INSURANCE COMPANY, Defendant.

United States District Court, N.D. Texas, Dallas Division.

January 4, 2006.

Attorney(s) appearing for the Case

Randall R. Kucera, Sara Jl Wahl, Akin Gump Strauss Hauer & Feld, Dallas, TX, for Plaintiff.

Daniel E. Pellar, Beirne Maynard & Parsons, Dallas, TX, Stephen R. Wedemeyer, Beirne Maynard & Parsons, Houston, TX, Dwayne J. Hermes, Hermes Sargent Bates, Dallas, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

In this property insurance coverage dispute, the assignee of a mortgagee moves for partial summary judgment against an insurer, seeking to establish under the Texas equitable lien doctrine that it should be treated as if it were an additional insured and loss payee. The principal question the court must decide is whether the assignee has established beyond peradventure that there is a deficiency...

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