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DICKIE BRENNAN & CO., INC. v. LEXINGTON INS. CO.

No. 10-30381.

636 F.3d 683 (2011)

DICKIE BRENNAN & COMPANY, INC.; Cousin's Restaurant, Inc., doing business as Palace Café; Seven Sixteen Iberville, L.L.C., doing business as Dickie Brennan's Steakhouse; Brasserie, L.L.C., doing business as Bourbon House, Plaintiffs-Appellants, v. LEXINGTON INSURANCE CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 22, 2011.

Attorney(s) appearing for the Case

Carey J. Guglielmo, Sr. (argued) and Stephen Dale Cronin (argued), Guglielmo, Marks, Schutte, Terhoeve & Love, Baton Rouge, LA, for Plaintiffs-Appellants.

Robert I. Siegel (argued), Simone Manuel, Gieger, Laborde & Laperouse, L.L.C., New Orleans, LA, for Defendant-Appellee.

Before DAVIS, WIENER, and BENAVIDES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

This dispute concerns coverage for a type of business interruption insurance. The Appellants1 (collectively "the Brennans") brought suit against their insurer, Lexington Insurance Co. ("the Appellee"), when Lexington denied coverage for the Brennans' losses incurred when they were unable to conduct business during a mandatory evacuation of New Orleans.

When the evacuation order was issued, Hurricane...

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