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DWYER v. FIDELITY NAT. PROPERTY AND CAS. INS. CO.

No. 07-30831.

565 F.3d 284 (2009)

William DWYER, Jr.; Cynthia Dwyer, Plaintiffs-Appellees, v. FIDELITY NATIONAL PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 9, 2009.

Attorney(s) appearing for the Case

Soren E. Gisleson (argued), Herman, Herman, Katz & Cotlar, New Orleans, LA, for Plaintiffs-Appellees.

Gerald Joseph Nielsen (argued), William Truman Treas, Nielsen Law Firm, Metairie, LA, for Defendant-Appellant.

Before JONES, Chief Judge, JOLLY, Circuit Judge, and CARDONE, District Judge.

EDITH H. JONES, Chief Judge:

William and Cynthia Dwyer ("Dwyers") sued Fidelity National Property and Casualty Insurance Company ("Fidelity") for insurance payments on their home damaged by Hurricane Katrina. Shortly before trial, Fidelity sought to compel non-binding appraisal of the damages, pursuant to the contract. The district court denied this request as untimely and, following a bench trial, awarded the Dwyers $56,963.19 in damages and $22,927.88 in attorneys...

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