IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 7, 2008
No. 07-40180 Charles R. Fulbruge III
Clerk
JOHN SAILER; MARILYN SAILER
Plaintiffs - Appellants
v.
STATE FARM LLOYDS
Defendant - Appellee
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:02-CV-247
Before REAVLEY, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
John and Marilyn Sailer appeal from the district court’s ruling on
summary judgment that their Texas homeowner’s policy does not provide
coverage for mold damage to their dwelling that arises from an accidental
discharge of water. The Sailers argue that the mold exclusion found in their
policy is not applicable because of an “exclusion repeal” provision. They rely on
the Texas Supreme Court’s decision in Balandran v. Safeco Ins. Co. of Am., 972
S.W.2d 738 (Tex. 1998). We have previously addressed this identical issue,
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
No. 07-40180
concluding that Balandran is inapplicable and that mold damage to the dwelling
is not covered under the policy language at issue here. See Carrizales v. State
Farm Lloyds, --- F.3d ----, 2008 WL 467097 at *2–4 (5th Cir. Feb. 22, 2008). The
Sailers’ arguments are thus foreclosed by our precedent.
AFFIRMED.
2