Atl Cslty Ins Co v. De Anda

Filing 920080807


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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 7, 2008 No. 07-51162 Charles R. Fulbruge III Clerk ATLANTIC CASUALTY INSURANCE COMPANY; Plaintiff-Appellee; v. FERNANDO DE ANDA, d/b/a REYES CONSTRUCTION; CUTTER AVIATION, INC.; Defendants-Appellants. Appeal from the United States District Court for the Western District of Texas USDC No. 5:06-CV-01035 Before HIGGINBOTHAM, STEWART, AND SOUTHWICK, Circuit Judges. PER CURIAM:* Before this court, Defendants-Appellants Fernando De Anda, d/b/a Reyes Construction and Cutter Aviation, Inc. contend that the district court erroneously granted Plaintiff-Appellee Atlantic Casualty Insurance Company's motion for summary judgment. Having reviewed the parties' briefs, heard oral argument, and considered the record under our de novo review, we disagree. The terms "driveway, parking area, or sidewalk" are unambiguous, and when Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * No. 07-51162 they are given their plain meaning, see Certain Underwriters at Lloyd's London v. C.A. Turner Construction Co. Inc., 112 F.3d 184, 186 (5th Cir. 1997) ("Under Texas rules of contractual interpretation, if an insurance contract is expressed in unambiguous language, its terms will be given their plain meaning and it will be enforced as written." (internal citation omitted)), none of those terms encompass an airport taxiway. Accordingly, we AFFIRM. 2

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