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ESSINGER v. LIBERTY MUT. FIRE INS. CO.

No. 07-60376.

529 F.3d 264 (2008)

Patrick Joseph ESSINGER, Sr., individually and as administrator of the estate of Jolee Paige Essinger, deceased; Constance Lorraine Essinger, individually, and as administrator of the estate of Jolee Paige Essinger, deceased, Plaintiffs-Appellants, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 20, 2008.

Attorney(s) appearing for the Case

Robert H. Tyler (argued), Tyler Law Firm, Biloxi, MS, for Plaintiffs-Appellants.

Clifford K. Bailey, III (argued), Wells, Marble & Hurst, Ridgeland, MS, for Defendant-Appellee.

Before DAVIS and SOUTHWICK, Circuit Judges, and CLARK, District Judge.

SOUTHWICK, Circuit Judge:

A policy-holder brought suit for punitive damages against its insurance company for a failure to recognize the effect of Mississippi law on the calculation of benefits that were owed. The district court granted the company's motion for summary judgment, finding no malice or gross negligence in the company's initial failure to understand how state law affected what was owed.

We affirm.

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