No. 09-40164.

591 F.3d 458 (2009)

MARATHON FINANCIAL INSURANCE, INC., RRG, Plaintiff-Appellant, v. FORD MOTOR CO., Ford Motor Credit Co., Primus Financial Services, Ford Extended Service Plan, Ford Motor Service Company, Automobile Protection Corporation, American Road Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 18, 2009.

Attorney(s) appearing for the Case

Joe G. Roady, Michael Doyle Conner, Eric S. Lipper (argued), Hirsch & Westheimer, P.C., Houston, TX, for Plaintiff-Appellant.

Keith Alan Langley (argued), Ryan D. Dry, Langley Weinstein Hamel, L.L.P., Dallas, TX, William Leitzsey Monts, III, Hogan & Hartson, L.L.P., Washington, DC, for Defendants-Appellees.

Before HIGGINBOTHAM and STEWART, Circuit Judges, and ENGELHARDT, District Judge.

CARL E. STEWART, Circuit Judge:

Marathon Financial Insurance Company, Inc. ("Marathon") insures vehicle service contracts sold by Automotive Professionals, Inc. ("API"), which were sold at the dealerships of Ford Motor Company.1 In 2004, Ford changed its policy and would no longer finance purchases of vehicle service contracts unless the insurer had a stability rating of A- or better. Marathon did not have an A- or better rating. Marathon...

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