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CARRIZALES v. STATE FARM LLOYDS

No. 06-40286.

518 F.3d 343 (2008)

Javier CARRIZALES; Eva Carrizales, Plaintiffs-Appellants, v. STATE FARM LLOYDS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 22, 2008.

Attorney(s) appearing for the Case

Savannah Lina Robinson (argued), Danbury, TX, for Plaintiffs-Appellants.

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.

Before JONES, Chief Judge, and REAVLEY and SMITH, Circuit Judges.

PER CURIAM:

Javier and Eva Carrizales ("Plaintiffs") urge that Texas's standardized homeowners insurance policy with State Farm Lloyds ("State Farm") covers mold contamination resulting from a plumbing leak. The district court determined that it did not and entered summary judgment in favor of State Farm. Plaintiffs also challenge the district court's trial instruction to the jury that the failure to mitigate damages is a condition precedent to recovery. We affirm...

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