United States Fifth Circuit

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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.

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.