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BAYLOR HEALTH CARE SYSTEM v. EMPLOYERS REINSURANCE

No. 06-10582.

492 F.3d 318 (2007)

BAYLOR HEALTH CARE SYSTEM; Health Care Insurance Company of Texas Ltd., Individually and as Assignee of Church University Insurance Company Ltd., Plaintiffs-Appellants, v. EMPLOYERS REINSURANCE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 5, 2007.

Attorney(s) appearing for the Case

Kevin Lamar Sewell (argued), Walker Sewell, Dallas, TX, for Plaintiffs-Appellants.

Sherman Vance Wittie (argued), William Neil Rambin, Sedgwick, Detert, Moran & Arnold, Dallas, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, WIENER, and CLEMENT, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Plaintiff-Appellant Baylor Health Care System appeals from the district court's summary judgment dismissal of Baylor's declaratory judgment and breach of contract suit against Defendant-Appellee Employers Reinsurance Corporation ("ERC"). The court concluded that Baylor and ERC confected an accord and satisfaction of ERC's obligations under Baylor's liability policy when they agreed to fund the settlement of a tort claim against...

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