Coats Rose Yale Ryman & Lee v. Navigators Specialty Ins Co.

Filing

UNPUBLISHED OPINION FILED. [12-10055 Affirmed ] Judge: PEH , Judge: JWE , Judge: CH Mandate pull date is 11/05/2012 [12-10055]

Case: 12-10055

Document: 00512019985

Page: 1

Date Filed: 10/15/2012

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
October 15, 2012

No. 12-10055

Lyle W. Cayce
Clerk

COATS, ROSE, YALE, RYMAN & LEE, P.C.,
Plaintiff - Appellant
v.
NAVIGATORS SPECIALTY INSURANCE COMPANY,
Defendant - Appellee

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:11-CV-0642-D

Before HIGGINBOTHAM, ELROD, and HAYNES, Circuit Judges.
PER CURIAM:*
Coats, Rose, Yale, Ryman & Lee, P.C. (“Coats”) appeals the district court’s
order granting summary judgment to Navigators Specialty Insurance Company
(“Navigators”). Coats sued Navigators seeking a declaration that Navigators has
a conflict of interest in defending an underlying lawsuit against Coats such that
Navigators is obligated to pay for independent counsel to defend Coats. See
Northern County Mut. Ins. Co. v. Davalos, 140 S.W.3d 685, 688 (Tex.
2004)(explaining such conflicts of interest). We have carefully considered the
*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Case: 12-10055

Document: 00512019985

Page: 2

Date Filed: 10/15/2012

No. 12-10055
briefs, pertinent portions of the record, and counsel’s oral arguments in light of
the applicable law. For substantially the same reasons set forth in the district
court’s opinion, Coats, Rose, Yale, Ryman & Lee, P.C. v. Navigators Specialty
Insurance Company, 830 F. Supp. 2d 216 (N.D. Tex. 2011), we conclude that the
district court committed no error warranting reversal.
AFFIRMED.

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