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United States Fifth Circuit


FACILITY INS. CORP. v. EMPLOYERS INS. OF WAUSAU, 03-50335

Plaintiff properly sued one of its servicing companies on an open account under Texas Civil Practice and Remedies Code section 16.004(c); thus, the suit is timely. Rule X of plaintiff's Rules and Regulations obligated defendant to spend two percent of premiums on loss control services, and it is liable to the plaintiff for any deficiency.

Appellate Information

  • Decided 01/14/2004
  • Published 01/14/2004

Judges

  • CLEMENT, Circuit Judge:, Before SMITH, BARKSDALE and CLEMENT, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellees:
  • Edward J. Tuddenham (argued), Austin, TX, for Plaintiff-Appellee., David Paul Blanke, Spikes Kangerga, Spencer Freeman Smith, Vinson & Elkins, Austin, TX, Marie Roach Yeates (argued), Vinson & Elkins, Houston, TX, for Defendant-Appellant.
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