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THE HANOVER INSURANCE CO. v. BINNACLE DEVELOPMENT

No. 21-40662.

57 F.4th 510 (2023)

THE HANOVER INSURANCE COMPANY, Plaintiff-Appellee, v. BINNACLE DEVELOPMENT, L.L.C., formerly known as Binnacle Development and Construction, L.L.C.; Lone Trail Development, L.L.C.; SSLT, L.L.C., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED January 12, 2023.

Attorney(s) appearing for the Case

Brandon K. Bains , Bains Law, P.L.L.C., Azle, TX, for Plaintiff-Appellee.

Dylan B. Russell , Hoover Slovacek, L.L.P., Houston, TX, for Defendants-Appellants.

Before Higginbotham, Southwick, and Higginson, Circuit Judges.

An insurer sued three developers for reimbursement of expenses. The developers seek to reduce their obligation through a damages clause they say is permissible for "district contracts" under the Texas Water Code. The relevant contracts, though, were not executed by a district. Summary judgment for the insurer...

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