United States Fifth Circuit

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.

Appellate Information

• Decided 02/22/2008
• Published 02/25/2008

Judges

• PER CURIAM:, Before JONES, Chief Judge, and REAVLEY and SMITH, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• 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.