UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 95-20901
Summary Calendar
WELLS FARGO REAL ESTATE GROUP
INCORPORATED, formerly known as
Wells Fargo Realty Advisors;
MONTGOMERY ESTATES, INC.,
Plaintiffs-Appellants,
VERSUS
COMMERCE & INDUSTRY INSURANCE COMPANY;
ROYAL INSURANCE COMPANY OF AMERICA,
Defendants-Appellees.
Appeal from the United States District Court
For the Southern District of Texas
(CA H 94 3129)
April 10, 1996
Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM:*
This is a diversity suit based on coverage under four
insurance policies. The insured parties are Wells Fargo Real
Estate Group, Inc., a California corporation, and Montgomery
Estates, Inc., a Texas corporation (collectively referred to as
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
"Wells Fargo"). The insurers are Commerce & Industry Insurance
Company ("C & I"), a New York corporation, and Royal Insurance
Company of America ("Royal"), an Illinois corporation. The
insurance policies in question were comprehensive general liability
policies. Wells Fargo filed this action in a state district court
in Harris County, Texas, to recover attorneys' fees and other
defense costs incurred by it in defending a third-party action
brought against it in another state court in Harris County. Royal
and C & I removed the case to the United States District Court for
the Southern District of Texas. The parties agreed to submit the
duty to defend issue for summary judgment on stipulated facts and
each side filed motions for summary judgment thereon. The district
court found that the third-party petition failed to allege a
potential cause of action under the policies, that Royal and C & I
had no duty to defend Wells Fargo, and that the motions for summary
judgment of Royal and C & I were granted and the cross-motions for
summary judgment of Wells Fargo was denied.
We have carefully reviewed the briefs, reply brief and record
excerpts and relevant portions of the record itself. For the
reasons stated by the district court in its memorandum and order
filed under date of September 25, 1995, we affirm the final
judgment entered under date of September 25, 1995, granting
defendant's motion for summary judgment and dismissing the action
with prejudice.
AFFIRMED.