Testo completo
*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opinion should not be published and is not precedent except under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.
United States Court of Appeals
Fifth Circuit
F I L E D
March 16, 2006
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 05-10354
APARTMENT MOVERS OF AMERICA, INC., THE APARTMENT MOVERS, INC.,
THE ORIGINAL APARTMENT MOVERS, INC., OPTIMARKET INCORPORATED,
RODGER A. JOHNSON
Plaintiffs-Counter Defendants-Appellants
VERSUS
ONE BEACON LLOYDS OF TEXAS, Formerly known as
C U Lloyd’s of Texas,
Defendant-Counter Claimant-Appellee
Appeal from the United States District Court
For the Northern District of Texas
3:04-CV-00278
Before HIGGINBOTHAM, DAVIS, and STEWART, Circuit Judges.
PER CURIAM:*
We agree with the district court that the slow down in
business experienced by the insured, Apartment Movers of America,
was not a “necessary suspension of your operations” so as to
trigger coverage for loss of business income under defendant’s
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policy. See Quality Oilfield Products, Inc. v. Michigan Mutual
Insurance Company, 971 S.W. 2d 635 (Tex. App. Houston, 1998).
We, therefore, affirm the judgment of the district court.
AFFIRMED.
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