STORY FROM: Superstorm Sandy Insurance Litigation

Texas Appellate Court Upholds Award of Summary Judgment to Insurer in Storm Damage Case

FORT WORTH, Texas — A Texas appellate court has upheld an award of summary judgment to a homeowners’ insurer in a storm damage case, finding the policyholders failed to present sufficient evidence supporting their assertion that the damage occurred while the policy was in effect.

In a Feb. 9 opinion, the Texas Court of Appeals, 2nd District, said an affidavit of the plaintiffs’ forensic expert did not explain how the damage was caused by the August 2013 storm, and there is nothing indicating that the expert’s statements were “true and accurate.”

Richard and Linda Seim filed a claim under their ...

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