Apartment Movers v. One Beacon Lloyds

Full title: APARTMENT MOVERS OF AMERICA, INC., The Apartment Movers, Inc., The…

Court: United States Court of Appeals, Fifth Circuit

Date published: Mar 16, 2006

170 F. App'x 901 (5th Cir. 2006)

Opinion

No. 05-10354.

Decided March 16, 2006.

Anthony Alan Petrocchi, Weil Petrocchi, Dallas, TX, for Plaintiffs-Counter Defendants-Appellants.

Eggleston Chambers, Dallas, TX, for Defendant-Counter Claimant-Appellee.

Appeal from the United States District Court for the Northern District of Texas, 3:04-CV-00278.

Before HIGGINBOTHAM, DAVIS, and STEWART, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

We agree with the district court that the slow down in business experienced by the insured, Apartment Movers of America, was not a "necessary suspension of your operations" so as to trigger coverage for loss of business income under defendant's policy. See Quality Oilfield Products, Inc. v. Michigan Mutual Insurance Company, 971 S.W.2d 635 (Tex.App.Houston, 1998).

We, therefore, affirm the judgment of the district court.

AFFIRMED.