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

Certain Underwriters at Lloyds London v. Magnolia Management Corp.

Certain Underwriters at Lloyds London v. Magnolia Management Corp.
U.S. Court of Appeals for the Fifth Circuit · Decided July 25, 2008 · Higginbotham, Davis, Barksdale
285 F. App'x 178

Certain Underwriters at Lloyds London v. Magnolia Management Corp.

Opinion

PER CURIAM: *

We have carefully reviewed the record, considered the briefs of the parties and argument of counsel. Essentially for the reasons stated by the district court in its careful Memorandum Opinions and Orders *179 of June 2, 2005 and August 23, 2006, we agree with the district court’s conclusion that appellants’ policy provided no coverage to appellants. We, therefore, affirm the district court’s declaratory judgment.

Because we are unable to determine from the record whether appellee has discharged any duty it may have to pay appellants’ cost of defense incurred prior to the district court’s no coverage ruling, we remand this case to the district coui-t to resolve this issue and render judgment accordingly.

AFFIRMED.

REMANDED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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