Carrizales v. State Farm Lloyds

Javier and Eva Carrizales (“Plaintiffs”) urge that Texas’s standardized homeowners insurance policy with State Farm Lloyds (“State Farm”) covers mold contamination resulting from a plumbing leak. The district court determined that it did not and entered summary judgment in favor of State Farm. Plaintiffs also challenge the district court’s trial instruction to the jury that the failure to mitigate damages is a condition precedent to recovery. We affirm on the former conclusion but must reverse and remand for a new trial on the jury instruction. Plaintiffs’ duty to mitigate may reduce their…