Envt Packaging Tech v. Arch Ins ( 2021 )

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district judge, adopting the * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opin- ion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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