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CROWNOVER v. MID-CONTINENT CAS. CO.

No. 11-10166.

757 F.3d 200 (2014)

Doug CROWNOVER and Karen Crownover, Plaintiffs-Appellants v. MID-CONTINENT CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 27, 2014.

Attorney(s) appearing for the Case

Gregory A. Harwell, Esq. (argued), Slates Harwell, L.L.P., Stacy R. Obenhaus , Gardere Wynne Sewell, L.L.P., Dallas, TX, for Plaintiffs-Appellants.

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

Lee Howard Shidlofsky, Esq. , Shidlofsky Law Firm, P.L.L.C., Austin, TX, Amicus Curiae for Texas Association of Builders and National Association of Home Builders.

Before KING, BENAVIDES, and DENNIS, Circuit Judges.

JAMES L. DENNIS, Circuit Judge:

The question in this diversity case is whether an insurance company, Mid-Continent Casualty Co. ("Mid-Continent"), is obligated under Texas law to pay for damage caused by one of its insureds, Arrow Development, Inc. ("Arrow"), when Arrow failed to promptly correct work in the home that it had constructed for Doug and Karen Crownover and which failed to conform to the requirements of the construction contract into which Arrow and the...

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