IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-30039
Summary Calendar
PACIFIC INSURANCE COMPANY, Limited,
Plaintiff-Counter-
Defendant - Appellee,
versus
LOUISIANA AUTOMOBILE DEALERS
ASSOCIATION, INC.; ET AL
Defendants,
LOUISIANA AUTOMOBILE DEALERS
ASSOCIATION, INC.; ROBERT C.
ISRAEL,
Defendants - Counter-
Claimants - Appellants.
Appeal from the United States District Court
for the Middle District of Louisiana
(97-CV-676)
July 12, 2000
Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
The Louisiana Automobile Dealers Association, Inc. (“LADA”)
appeals the district court’s 54(b) grant of summary judgment in
favor of LADA’s insurer, Pacific Insurance Company, Ltd., that
*
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this opinion should not be published and is not precedent except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.
Pacific was not required to defend or indemnify LADA regarding two
class actions filed against LADA.
Having considered the arguments of the parties and the opinion
of the district court, we affirm the district court’s conclusion
that Pacific had no duty to provide coverage because the LADA
failed to give notice of the claims, a condition precedent to
coverage in the policy, for two years. We are unpersuaded by
LADA’s arguments that the failure to give notice is not
controlling: we find no meaningful distinction between a “named
insured” and an “insured” for purposes of the notice requirement;
Pacific need not demonstrate prejudice under the circumstances
here; and no claims were brought against LADA’s officers and
directors that would require coverage.
AFFIRMED.
2