STORY FROM: Superstorm Sandy Insurance Litigation

Homeowners’ Policy Unclear As to Whether Fence is ‘Structure,’ Texas High Court Rules

AUSTIN, Texas — A homeowners’ policy is ambiguous as to whether 4,000 feet of fencing spanning six acres is a “structure” that is subject to the policy’s liability limit, the Texas Supreme Court has ruled in reversing an appellate court holding.

On Jan. 27, the state high court remanded the action, ruling that a fact finder could reasonably determine that some of the 4,000 feet of fencing constructed of different materials and spanning six acres in a “networ”’ across the property is not part of the “structure attached to the dwelling,” the court concluded.

Elie and Rhonda Nassar own a ...

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