Originally published by Phillip Sanov.
In a case recently decided in Texas, the insurance carrier prevailed against the policyholder when the appellate court found that the policyholder failed to adhere to its post-loss duties under a homeowner’s insurance policy.1 This blog entry examines the facts and holdings in the hope policyholders and professionals assisting them can avoid facing a similar situation.
Pertinent Facts Outlined In Court’s Decision
In 2002, the policyholder returned from a multi-week family vacation and found their house full of water, “as if there was no roof on the home.” The homeowner reported the water source as a single air conditioning pan leak in the attic. The carrier’s investigation revealed numerous sources of water intrusion in addition to the air conditioning leak and instances of mold throughout the property. The evidence at trial indicated many water leaks had occurred long before the reported leak in 2002
The carrier obtained a bid to remediate the mold and rebuild the…
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Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
from Texas Bar Today http://ift.tt/1zyqhUZ
via Abogado Aly Website
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