Carrizales v. State Farm Lloyds

I would affirm the judgment. I concur in the majority opinion in regard to the coverage issue, but I respectfully dissent from part III.B, regarding the duty to protect property, because the majority finds ambiguity in the contract where there is none; it misinterprets Texas case-law and policy; and it misapplies the abuse of discretion standard.

I

We review jury instruction for abuse of discretion. See, e.g., Fiber Sys. Int’l v. Roehrs, 470 F.3d 1150, 1158 (5th Cir.2006). A properly-objected-to instruction should not be reversed unless, as a whole, it does not correctly reflect the law. United…