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U.S. Court of Appeals for the Fifth Circuit, 2008

McArdle v. State Farm Lloyds

McArdle v. State Farm Lloyds
U.S. Court of Appeals for the Fifth Circuit · Decided February 4, 2008 · Jones, Garwood, Jolly
264 F. App'x 461

McArdle v. State Farm Lloyds

Opinion

*462 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.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

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