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CERTAIN UNDERWRITERS AT LLOYD'S v. LOWEN VALLEY

No. 17-10914.

892 F.3d 167 (2018)

CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON, Syndicate Nos. 2003, 1414, 0510, 4472, 1183, 1200, and 4444, Subscribing to Policy Number NJL440003612, Plaintiff-Appellee v. LOWEN VALLEY VIEW, L.L.C.; Panade II, Limited, doing business as Hilton Garden Inn, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 6, 2018.

Attorney(s) appearing for the Case

Gerard Joseph Kimmitt, II , Legge, Farrow, Kimmitt, McGrath & Brown, L.L.P., Houston, TX, Karen A. Conticello , Sheshe Taylor Evans , Holman, Fenwick & Willan, Houston, TX, for Plaintiff-Appellee.

Brendan K. McBride , McBride Law Firm, San Antonio, TX, Matthew Raymond Pearson, Esq. , Gravely & Pearson, L.L.P., San Antonio, TX, for Defendants-Appellants.

Before CLEMENT, HIGGINSON, and HO, Circuit Judges.

An insurance underwriter brought this suit seeking a declaratory judgment that it owed no coverage under a commercial property insurance policy. The insured counterclaimed for declaratory judgment, breach of the insurance contract, and violations of the Texas Insurance Code. The district court granted summary...

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