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GATES v. CLARET

No. 91-3355 Summary Calendar.

945 F.2d 102 (1991)

Lemong GATES and Bill Gates, Plaintiffs-Appellants, v. Nancy A. CLARET, et al., Defendants, State Farm Mutual Automobile Insurance Co., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 19, 1991.

Attorney(s) appearing for the Case

Fredericka Homberg Wicker, New Orleans, La., Robert W. Booksh, Jr., Booksh Law Firm, Metairie, La., for plaintiffs-appellants.

James Stephen Thompson, Dan R. Dorsey, Porteous, Hainkel, Johnson & Sarpy, New Orleans, La., for State Farm.

Before POLITZ, KING, and WIENER, Circuit Judges.

POLITZ, Circuit Judge:

Lemong and Bill Gates appeal the district court's entry of summary judgment dismissing their claim against their own underinsured motorist carrier on the grounds that the Gateses breached the terms of the policy and violated Florida law by settling with the tortfeasor without their insurer's approval. Arguing that Louisiana law applies, the Gateses appeal. Finding no error, we affirm.

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