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DILLON GAGE, INC v. CERTAIN UNDERWRITERS AT LLOYDS

No. 20-10262.

26 F.4th 323 (2022)

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 February 16, 2022.

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.

Gerard Joseph Kimmitt, II , Holman, Fenwick & Willan USA, L.L.P., Houston, TX, for Defendant-Appellee.

Before Barksdale, Southwick, and Graves, Circuit Judges.

After incurring a million-plus-dollar loss for sending gold coins to a thief who forged check payments and intercepted the shipment of those coins, Dillon Gage, Inc., filed an insurance claim. The underwriters denied the claim pursuant to a coverage exclusion for losses incurred "consequent upon" handing over...

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