Texte intégral
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-51598
James McArdle; Chung McArdle
Plaintiffs-Appellants
v.
State Farm Lloyds
Defendant-Appellee
Appeal from the United States District Court
for the Western District of Texas
1:06-CV-303
Before JONES, Chief Judge, GARWOOD, and JOLLY, Circuit Judges.
PER CURIAM:*
The judgment is affirmed. There was no duty to defend. See Wessinger v.
Fire Ins. Exchange, 949 S.W.2d 834, 841 (Tex. App.—Dallas 1997; no writ).
Under these circumstances, there being no duty to defend, there was no duty to
indemnify. See American States Ins. Co. v. Bailey, 133 F.3d 363, 368 (5th Cir.
1998).
AFFIRMED.
United States Court of Appeals
Fifth Circuit
F I L E D
February 4, 2008
Charles R. Fulbruge III
Clerk
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