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CENTURY SUR. CO. v. HARDSCAPE CONST. SPECIALTIES

No. 06-10930.

578 F.3d 262 (2009)

CENTURY SURETY COMPANY, Plaintiff-Appellee, v. HARDSCAPE CONSTRUCTION SPECIALTIES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 7, 2009.

Attorney(s) appearing for the Case

Robert A. Schults (argued), Houston, TX, for Plaintiff-Appellee.

George Grant Liser, III (argued), Naman, Howell, Smith & Lee, LLP, Fort Worth, TX, for Defendant-Appellant.

Before KING, DENNIS and ELROD, Circuit Judges.

JENNIFER W. ELROD, Circuit Judge:

In this Texas insurance coverage case, the scope of a commercial policy exclusion turns on the difference between tort and contract allegations in an underlying lawsuit. Because we conclude that the underlying suit alleges only breaches of contract, we hold in favor of the insurer.

I.

A.

Hillwood Residential Services, L.P. and Hardscape Construction Specialties, Inc. executed a contract wherein Hardscape...

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