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CITY OF COLLEGE STATION, TEX. v. STAR INS. CO.

No. 12-20746.

735 F.3d 332 (2013)

THE CITY OF COLLEGE STATION, TEXAS, Plaintiff-Appellant v. STAR INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 14, 2013.

Attorney(s) appearing for the Case

Lamont Alan Jefferson, Haynes & Boone, L.L.P., San Antonio, TX, Britton D. Douglas, Attorney, David Ross Noel Taubenfeld (argued), Haynes & Boone, L.L.P., Dallas, TX, for Plaintiff-Appellant.

William Neil Rambin, Attorney, Sherman Vance Wittie, Esq. (argued), Senior Special Counsel, Sedgwick, L.L.P., Dallas, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, CLEMENT, and PRADO, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge.

Star Insurance Company ("SIC") refused to defend or indemnify its insured, the City of College Station ("the City"), in a lawsuit brought by Weingarten Realty Investors ("WRI"), a real-estate investment trust not party to this appeal. The City settled the underlying litigation with WRI and sued SIC to recover defense costs, indemnification, and statutory penalty interest. Applying Texas law, the district court concluded that...

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