FIESS v. STATE FARM LLOYDS

No. 03-20778.

392 F.3d 802 (2004)

Richard FIESS and Stephanie Fiess, Plaintiffs-Appellants, v. STATE FARM LLOYDS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 7, 2004.


Attorney(s) appearing for the Case

Robert G. Miller (argued), O'Donnell, Ferebee & McGonigal, Houston, TX, for Plaintiffs-Appellants.

William Joseph Boyce, Fulbright & Jaworski, Christopher Weldon Martin (argued), Levon G. Hovnatanian, Martin, Disiere, Jefferson & Wisdom, Houston, TX, for Defendant-Appellee.

Brendan K. McBride, Kevin M. Young, Prichard, Hawkins & Young, San Antonio, TX, for Policyholders of America, Amicus Curiae.

Sarah Corinne Wells (argued), Austin, TX, for Texas Dept. of Ins., Amicus Curiae.

Robert F. Scheihing, Adami, Goldman & Shuffield, San Antonio, TX, for United Services Automobile Ass'n, Amicus Curiae.

Audrey Mullert Vicknair, James E. Perschbach, Bracewell & Patterson, Corpus Christi, TX, for Farmers Ins. Exchange and Fire Ins. Exchange, Amici Curiae.

Ricky H. Rosenblum, Jo Beth Eubanks, Thomas E. Sanders, Akin, Gump, Strauss, Hauer & Feld, San Antonio, TX, for Allstate Texas Lloyds Co., Amicus Curiae.

Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Plaintiffs Richard and Stephanie Fiess brought suit against their homeowner's insurance carrier, State Farm Lloyds (State Farm), seeking coverage for losses incurred as a result of mold contamination in their house. The district court granted summary judgment in favor of State Farm concluding that mold contamination was expressly excluded from coverage under the Fiesses' insurance policy...

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