Opinion
No. 07-40180.
March 7, 2008.
Savannah Lina Robinson, Danbury, TX, for Plaintiffs-Appellants.
Christopher Andrew Lotz, David R. Stephens, Lindow Treat, San Antonio, TX, for 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.
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 his. Co. of Am., 972 S.W.2d 738 (Tex. 1998). We have previously addressed this identical issue, 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, 518 F.3d 343, 345-48 (5th Cir. 2008). The Sailers' arguments are thus foreclosed by our precedent.
AFFIRMED.