Carrizales v. State Farm Lloyds, 06-40286
In a dispute over coverage under plaintiffs' homeowners insurance policy with defendant for mold contamination resulting from a plumbing leak, summary judgment for defendant-insurer is reversed in part and remanded for a new trial where a failure to mitigate damages is an offset to recovery under a generic homeowners policy, and the district court erred and abused its discretion when it instructed the jury that mitigation was a condition precedent to recovery.
- Decided 02/22/2008
- Published 02/25/2008
- PER CURIAM:, Before JONES, Chief Judge, and REAVLEY and SMITH, Circuit Judges.
- United States Fifth Circuit
- For Appellant:
- Savannah Lina Robinson (argued), Danbury, TX, for Plaintiffs-Appellants.
- For Appellees:
- David R. Stephens, Carrie Davis Holloway, Lindow & Treat, San Antonio, TX, Christopher Weldon Martin (argued), Levon G. Hovnatanian, Martin, Disiere, Jefferson & Wisdom, Houston, TX, for Defendant-Appellee.