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


UNPUBLISHED OPINION FILED.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

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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