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SMITH v. TRAVELERS CAS. INS. CO. OF AMERICA

No. 18-20465.

932 F.3d 302 (2019)

Lillian SMITH, Plaintiff-Appellant v. TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed July 26, 2019.

Attorney(s) appearing for the Case

David Kenneth Sergi , Sergi & Associates, P.C., San Marcos, TX, Philip Harlan Hilder , Hilder & Associates, P.C., Houston, TX, for Plaintiff-Appellant.

Rebecca Anderson Moore , Sheehy, Ware & Pappas, P.C., Suzanne A. Schlicher , Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, Houston, TX, Seth Andrew Schmeeckle, Esq. , Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, for Defendant-Appellee.

Before OWEN, SOUTHWICK, and HIGGINSON, Circuit Judges.

Lillian Smith sued her insurer, Travelers, for contractual and statutory violations arising from the denial of her commercial property insurance claim. Travelers asserted a limitations defense. While Smith concedes that Travelers sent her an unambiguous denial letter, she insists that her causes of action did...

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