Case: 20-20431 Document: 00515933273 Page: 1 Date Filed: 07/12/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
July 12, 2021
No. 20-20431 Lyle W. Cayce
Clerk
Environmental Packaging Technologies, Limited;
Trevor Griffiths,
Plaintiffs—Appellants,
versus
Arch Insurance Company,
Defendant—Appellee.
Appeal from the United States District Court
for the Southern District of Texas
No. 4:18-CV-240
Before Owen, Chief Judge, and Smith and Graves, Circuit Judges.
Per Curiam:*
Environmental Packaging Technologies, Limited, and Trevor Grif-
fiths sued Arch Insurance Company and National Union Fire Insurance
Company of Pittsburgh, Pennsylvania, alleging breach of their duty to defend
and indemnify their respective insureds. The district judge, adopting the
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this opin-
ion should not be published and is not precedent except under the limited circumstances
set forth in 5th Circuit Rule 47.5.4.
Case: 20-20431 Document: 00515933273 Page: 2 Date Filed: 07/12/2021
No. 20-20431
recommendation of the magistrate judge, granted summary judgment for the
insurer defendants, concluding that either the fraud exclusions or the
personal-profits exclusions precluded coverage as to the respective insureds.
The plaintiffs appealed as to both insurers; on an unopposed motion, the
appeal was dismissed only as to the National Union defendant.
We have considered the briefs and the applicable law and have con-
sulted pertinent portions of the record. We have heard the well-presented
arguments of counsel. The judgment is AFFIRMED, essentially for the
reasons set forth by the magistrate judge in his impressive thirty-page Mem-
orandum and Recommendation.
2