PRINCETON EXCESS & SURPLUS LINES v. A.H.D. HOUSTON

No. 22-20473.

78 F.4th 815 (2023)

The PRINCETON EXCESS AND SURPLUS LINES INSURANCE COMPANY, Plaintiff-Appellant, v. A.H.D. HOUSTON, INCORPORATED, doing business as Centerfolds; D WG FM, Incorporated, doing business as Splendor; D. Texas Investments, Incorporated, doing business as Treasures; A.H.D. Houston, Incorporated, doing business as Treasures; W.L. York, Incorporated, doing business as Treasures; Jaime Middleton; Cora Skinner; Jamillette Gaxiola; Jennifer Xzharinova; Jessica Hinton; Lina Posada; Lucy Pinder; Paola Canas; Sandra Valencia; Tiffany Toth; Cielo Jean Gibson; Maysa Qui; Elizabeth Turner; Emily Sears; Gemma Lee Farrell; Jaclyn Swedberg, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED August 25, 2023.


Attorney(s) appearing for the Case

Sherman Vance Wittie, Esq. , Counsel, Faegre, Drinker, Biddle & Reath, L.L.P., Dallas, TX, for Plaintiff-Appellant.

William King , McDowell Hetherington, L.L.P., Houston, TX, Casey T. Wallace , Wallace & Allen, L.L.P., Houston, TX, for Defendants-Appellees D WG FM, D. Texas Investments, A.H.D. Houston, Incorporated, W.L. York, Incorporated.

Dennis Curt Postiglione, Esq. , Attorney, The Casas Law Firm, PC, Austin, TX, Teresa Bohne , Coppell, TX, Joseph N. Casas , Casas Law Firm, P.C., Helotes, TX, for Defendants-Appellees Paola Canas, Jaime Middleton, Cora Skinner, Jamillette Gaxiola, Jennifer Xzharinova, Jessica Hinton, Lina Posada, Lucy Pinder, Sandra Valencia, Tiffany Toth, Cielo Jean Gibson, Maysa Qui, Elizabeth Turner, Emily Sears, Gemma Lee Farrell, Jaclyn Swedberg.

Before Elrod, Ho, and Wilson, Circuit Judges.


This is an insurance coverage dispute arising out of litigation in Texas state court. Two insurance policies are at issue, and the district court concluded that both provided the insureds coverage. But there is no coverage for the claims brought in the underlying lawsuit, so we reverse and render.

I.

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