1 UNITED STATES COURT OF APPEALS 2 FOR THE FIFTH CIRCUIT 3 _______________________

4 No. 99-30252 5 98-CV-322-R 6 Summary Calendar 7 _______________________

8 LYNN BLADES HORNE; GREGG HORNE,

9 Plaintiffs-Appellees,

10 versus

11 TRAVELERS PROPERTY CASUALTY COMPANY; ET AL,

12 Defendants,

13 TRAVELERS INDEMNITY COMPANY OF CONNECTICUT,

14 Defendant-Appellant.

15 _________________________________________________________________

16 Appeal from the United States District Court 17 for the Eastern District of Louisiana 18 _________________________________________________________________

19 December 1, 1999

20 Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

21 PER CURIAM:*

22 Appellant challenges only the district court’s failure to

23 grant judgment as a matter of law on plaintiffs’ claim that the

24 company acted arbitrarily and capriciously in refusing to pay their

25 homeowners’ insurance promptly because it suspected the plaintiffs

26 of arson. We have reviewed the briefs and pertinent portions of

27 the record and agree for the reasons stated by the district court

28 that question of fact were raised by the claim, the questions were

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 29 properly submitted to the jury, and the jury’s verdict is

30 unassailable.

31 The judgment is AFFIRMED.

2