Ina of Texas v. John G. Richard, D/B/A Restless Towing Company

This case concerns the availability of attorney’s fees to a prevailing party in a marine insurance dispute. In an unreported order without opinion, the district court granted summary judgment for appellee INA of Texas (INA), holding that appellant John Richard was not entitled to attorney’s fees. We hold that the determination as to whether the award of attorney’s fees is appropriate in marine insurance controversies is controlled by state law. We thus vacate the decision of the district court. We also remand for a finding as to whether Richard is entitled to attorney’s fees under Texas law…