United Neurology, P.A. v. Hartford Lloyd's Insurance

Case: 15-20241 Document: 00513304795 Page: 1 Date Filed: 12/11/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 15-20241 December 11, 2015 Lyle W. Cayce UNITED NEUROLOGY, P.A.; ATHARI REAL ESTATE, LIMITED, Clerk Plaintiffs - Appellants v. HARTFORD LLOYD'S INSURANCE COMPANY, doing business as The Hartford, Defendant - Appellee Appeals from the United States District Court for the Southern District of Texas USDC No. 4:10-CV-4248 Before JOLLY and JONES, Circuit Judges, and MILLS ∗, District Judge. PER CURIAM: ∗∗ The court has carefully considered all of the issues raised in this appeal in light of the briefs, oral argument, and pertinent portions of the record. Having done so, we find no reversible error of law or fact and affirm for essentially the reasons stated in the district court’s comprehensive opinion. In particular, there is insufficient evidence to create a genuine dispute as to ∗ District Judge of the Northern District of Mississippi, sitting by designation. ∗∗ 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-20241 Document: 00513304795 Page: 2 Date Filed: 12/11/2015 No. 15-20241 whether the appraisal panel exceeded its authority by improperly allocating damages to “mitigation” rather than to the actual pre-existing condition of the properties. TMM Investments, Ltd. v. Ohio Cas. Ins. Co., 730 F.3d 466, 474-75 (5th Cir. 2013). The court’s judgment is AFFIRMED. 2