INA of Texas v. Richard

ORDER

CARL O. BUE, Jr., District Judge.

The matter before the Court concerns an infrequently encountered issue in Texas law, specifically, a litigant’s entitlement to *257recover attorneys fees on a marine insurance contract where the underlying dispute has been settled by the parties.

Background

In March of 1981, the Defendant, John G. Richard, d/b/a Restless Towing Company (hereafter “Richard”), entered into a marine insurance policy with the Plaintiff, Insurance Company of North America of Texas (hereafter “INA”). On September 12, 1981, the TUG RESTLESS, a marine vessel insured under the policy,…