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EAST TEXAS MED. CENTER REGIONAL v. LEXINGTON INS.

No. 07-40904.

575 F.3d 520 (2009)

EAST TEXAS MEDICAL CENTER REGIONAL HEALTHCARE SYSTEM, Plaintiff-Appellant, v. LEXINGTON INSURANCE CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 10, 2009.

Attorney(s) appearing for the Case

Andy Wade Tindel (argued), Provost, Umphrey, Youngdahl & Sadin, Tyler, TX, Ernest Martin, Jr., William Alan Wright, Haynes & Boone, Dallas, TX, for Plaintiff-Appellant.

Thomas Clark Wright (argued), Howard Louis Close, Kathleen Sheila Rose, Wright Brown & Close, Houston, TX, for Defendant-Appellee.

Before KING, STEWART and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

East Texas Medical Center sued its insurer, Lexington Insurance Company, for failure to cover a claim filed against it by a patient. A jury found for the Medical Center. The district court then granted Lexington a judgment as a matter of law. The Medical Center appeals. For reasons we will explain, we VACATE and REMAND for additional proceedings.

I. FACTS

This case concerns Lexington's denial of the Medical Center...

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