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DILLON GAGE, INC v. CERTAIN UNDERWRITERS AT LLOYDS

No. 20-10262.

992 F.3d 401 (2021)

DILLON GAGE, INCORPORATED OF DALLAS, Plaintiff-Appellant, v. CERTAIN UNDERWRITERS AT LLOYDS SUBSCRIBING TO POLICY NO EE1701590, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed April 1, 2021.

Attorney(s) appearing for the Case

Jeffrey Scott Levinger, Esq. , Levinger, P.C., Dallas, TX, Joseph Carl Cecere, Jr. , Attorney, Cecere, P.C., Dallas, TX, for Plaintiff-Appellant.

Susan H. Swanson , Gerard Joseph Kimmitt, II , Holman, Fenwick & Willan, Houston, TX, for Defendant-Appellee.

Before Barksdale, Southwick, and Graves, Circuit Judges.

Dillon Gage, Inc., incurred a million-plus-dollar loss after a thief forged checks and intercepted two shipments of gold coins. Dillon Gage filed an insurance claim, and the underwriters denied coverage under a policy provision that excluded coverage for any loss incurred "consequent upon" handing over insured...

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