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KIMBERLY-CLARK CORP. v. FACTORY MUT. INS. CO.

No. 08-10450.

566 F.3d 541 (2009)

KIMBERLY-CLARK CORPORATION, Plaintiff-Appellee, v. FACTORY MUTUAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 27, 2009.

Attorney(s) appearing for the Case

Charles J. Malaret, Morgan, Lewis & Bockius, Los Angeles, CA, R. Ted Cruz (argued), Allyson N. Ho, Morgan, Lewis & Bockius, Houston, TX, for Plaintiff-Appellee.

Claudia Wilson Frost (argued), Amy P. Mohan, Pillsbury, Winthrop, Shaw, Pittman, Houston, TX, Thomas Hal Cook, Robert Tate Gorman, Zelle, Hofmann, Voelbel & Mason, LLP, Dallas, TX, for Defendant-Appellant.

Before GARWOOD, DENNIS and PRADO, Circuit Judges.

DENNIS, Circuit Judge:

This case concerns defendant-appellant Factory Mutual's decision in October 2003 to distribute to its policyholders a $325 million membership credit that was contingent on policy renewal. Factory Mutual is a mutual insurance company1 and plaintiff-appellee Kimberly-Clark was a policyholder for almost 30 years with Factory Mutual and its predecessor company. The district court concluded that Factory Mutual breached...

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