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MARSEILLES HOMEOWNERS CONDOMINIUM ASSOCIATION, INC. v. FIDELITY NAT. INS. CO.

No. 07-31005.

542 F.3d 1053 (2008)

MARSEILLES HOMEOWNERS CONDOMINIUM ASSOCIATION, INC., Plaintiff-Appellant, v. FIDELITY NATIONAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 10, 2008.

Attorney(s) appearing for the Case

James M. Garner, Peter L. Hilbert, Jr., Kevin Michael McGlone, Sher, Garner, Cahill, Richter, Kelin & Hilbert, Stephen P. Schott, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, LA, for Plaintiff-Appellant.

Gerald Joseph Nielsen, William Ross DeJean, Nielsen Law Firm, Metairie, LA, for Defendant-Appellee.

Before BARKSDALE, BENAVIDES and DENNIS, Circuit Judges.

PER CURIAM:

This suit stems from extensive damage wrought by Hurricane Katrina to property located on Lake Marina Drive, New Orleans. The plaintiff-appellant, Marseilles Homeowners Condominium Association (Marseilles) was the insured pursuant to a flood insurance policy issued under the National Flood Insurance Program by the defendant-appellee, Fidelity National Insurance Company (Fidelity). Fidelity paid Marseilles $973,246.75. Marseilles submitted a claim for additional...

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