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HARTFORD FIRE INS. v. CITY OF MONT BELVIEU, TEX.

No. 09-40586.

611 F.3d 289 (2010)

HARTFORD FIRE INSURANCE COMPANY, Plaintiff-Appellant, v. CITY OF MONT BELVIEU, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 13, 2010.

Attorney(s) appearing for the Case

James D. Cupples, Williams, Cupples & Champman, Houston, TX, Byron Charles Keeling (argued), Keeling & Downes, P.C., Houston, TX, for Plaintiff-Appellant.

J. Grady Randle (argued), Christopher Len Nichols, Randle Law Office Ltd., L.L.P., Houston, TX, for Defendant-Appellee.

Before JONES, Chief Judge, and BENAVIDES and PRADO, Circuit Judges.

EDITH H. JONES, Chief Judge:

A performance bond guarantees the timely completion of a construction project for the benefit of the project's owner. The Hartford Fire Insurance Company issued such a bond to a construction company on a project for the City of Mont Belvieu, Texas. When the builder failed to complete punch list items and warranty work, the City sued Hartford for compensation under the bond, and a jury found in favor of the City, awarding nearly $500,000...

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