Susan Kidwell (Austin) and Eric Boylan (Houston) secured a verdict in favor of AmGUARD Insurance Company in an insurance coverage dispute over damages sustained during Hurricane Harvey. The case, which went to trial in the Eastern District of Texas, arose from a claim for interior water damages to a hotel. After an investigation, AmGUARD determined that the damages sought were caused by rain and flooding, neither of which are covered by the policy. The jury agreed with AmGUARD’s decision. Because the jury found that AmGUARD did not breach the policy, the plaintiff-insured was not awarded any damages for breach of contract or for alleged violations of the Texas Insurance Code.
Posted on May 20, 2021