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NUNEZ v. ALLSTATE INS. CO.

No. 09-30034.

604 F.3d 840 (2010)

Chet NUNEZ; Wendy Nunez, Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 20, 2010.

Attorney(s) appearing for the Case

George Frazier (argued), New Orleans, LA, for Plaintiffs-Appellants.

Richard L. Fenton (argued), Sonnenschein, Nath & Rosenthal, L.L.P., Chicago, IL, Arthur J. Lentini, Law Offices of Arthur J. Lentini, Metairie, LA, Joe Boyd Henderson, III, Doyle, Restrepo, Harvin & Robbins, L.L.P., Stephen Howard Lee, Porter & Hedges, L.L.P., Houston, TX, for Defendant-Appellee.

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

CARL E. STEWART, Circuit Judge:

Chet and Wendy Nunez had flood and all-risk homeowner's policies with Allstate Insurance Co. when Hurricane Katrina destroyed their home. They made a claim under the policies and Allstate disbursed a payment. The Nunezes claim that Allstate paid them less than they were entitled to under the policies. The Nunezes were among 28 plaintiffs who filed suit against Allstate in St. Bernard Parish on September 24, 2007, seeking to recover...

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