In a diversity suit arising from the refusal of insurer-defendant to defend and/or indemnify its named insured, an attorney, against claims of a plaintiff suing in his capacities as executor of the estate of a woman with whom the attorney had a romantic (and tragic) relationship, the district court's dismissal of the complaint for failure to state a claim upon which relief could be granted is affirmed where: 1) there was no breach of the insurer's duty to defend because the insurer's duty to defend was never triggered (and, thus, never breached) in the circumstances of this case; and 2) plaintiff's other theories of liability are also without merit.