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United States Fifth Circuit


Bexar County Hosp. Dist. v. Factory Mut. Ins. Co., 05-51665

In a breach of contract case which alleged that insurer improperly calculated the deductible applicable to a claim a hospital made on its property insurance policy, summary judgment for the insurer is affirmed where the insurer's interpretation as to the method for calculating the appropriate time element loss deductible was the only reasonable interpretation available, and thus, the policy was not ambiguous.

Appellate Information

  • Decided 01/05/2007
  • Published 01/08/2007

Judges

  • WIENER, Circuit Judge:, Before JONES, Chief Judge, and WIENER and BARKSDALE, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Laura Anne Cavaretta (argued), Plunkett & Gibson, San Antonio, TX, for Plaintiff-Appellant.

  • For Appellees:
  • Thomas Hal Cook (argued), David B. Winter, Zelle, Hofmann, Voelbel, Mason & Gette, Dallas, TX, for Defendant-Appellee.
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