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TMM INVESTMENTS, LTD. v. OHIO CAS. INS. CO.

No. 12-40635.

730 F.3d 466 (2013)

TMM INVESTMENTS, LIMITED., Plaintiff-Appellee-Cross Appellant v. OHIO CASUALTY INSURANCE COMPANY, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

September 17, 2013.

Attorney(s) appearing for the Case

Andy Tindel , Andy Tindel , Attorney & Counselor at Law, P.C., Tyler, TX, Frank M. Mason , Law Office of Frank M. Mason, Longview, TX, for Plaintiff-Appellee-Cross Appellant.

Richard Brent Cooper, Esq. , Diana L. Faust , Michelle Elaine Robberson , Cooper & Scully, P.C., Dallas, TX, for Defendant-Appellant-Cross Appellee.

Before JOLLY, DAVIS, and PRADO, Circuit Judges.

EDWARD C. PRADO, Circuit Judge:

This appeal arises out of an insurance dispute between TMM Investments, Ltd. ("TMM"), which owned a shopping center, and Ohio Casualty Insurance Co. ("OCIC"), which insured the property. The property was damaged in a hailstorm, but the parties disagreed about the extent of the damage. An appraisal was conducted according to the terms of the insurance contract, but TMM was not pleased with the appraisal award and sued to have the award...

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