STORY FROM: Superstorm Sandy Insurance Litigation

Insurer Failed to Comply With Policy, Texas App. Ct. Rules in Hurricane Ike Damage Case

HOUSTON — A Texas appellate court has upheld a jury’s finding that a homeowners’ insurer failed to comply with the terms of its policy by refusing to fully compensate policyholders for exterior damage to their home caused by Hurricane Ike, ruling that the evidence supported the verdict.

However, in an Aug. 30 opinion, the Texas Court of Appeals, First District, ruled that the trial court erred in "including a specific amount of costs," namely $56,421.65, in its judgment. The trial court should not state the amount taxed as costs, but only that costs are awarded against a certain party, the ...

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