McArdle, et al v. State Farm Lloyds, No. 06-51598 (5th Cir. 2008)
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 4, 2008 No. 06-51598 Charles R. Fulbruge III Clerk 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. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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