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CERTAIN UNDERWRITERS AT LLOYDS, LONDON v. LAW

No. 08-20159.

570 F.3d 574 (2009)

CERTAIN UNDERWRITERS AT LLOYDS, LONDON, Plaintiff-Appellant-Cross-Appellee, v. Wan E. LAW; Sie L. Tsu, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

June 2, 2009.

Attorney(s) appearing for the Case

Ronald Edwin Tigner, Gregory S. Hudson (argued), Joseph Anthony Ziemianski, Cozen O'Connor, Houston, TX, for Certain Underwriters at Lloyds, London.

Daniel Farris Crowder (argued), Beck & Crowder, Houston, TX, for Wan E. Law and Sie L. Tsu.

Before O'CONNOR, Associate Justice (Ret.), and WIENER and STEWART, Circuit Judges.

WIENER, Circuit Judge:

Thieves stole copper tubing out of seventeen free-standing commercial air-conditioning units permanently installed on the roof of a vacant office building owned by Defendants-Appellees Wan E. Law and Sie L. Tsu (the "Laws"). The Laws' commercial property insurer, Certain Underwriters at Lloyd's, London ("Underwriters"), denied coverage based on the insurance policy's theft exclusion, and this declaratory action by Underwriters ensued. The district...

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