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

FORT WORTH, Texas — A Texas appeals court said a homeowners’ insurer was properly awarded summary judgment in a storm damage action because the policyholders failed to present evidence that the loss occurred within the policy period.

On May 4, the Texas Court of Appeals, 2nd District, found the policyholders produced no sworn evidence supporting their claim.

Richard and Linda Seim sued Allstate Texas Lloyds and its adjuster, Lisa Scott, in the Tarrant County (Texas) District Court following Allstate's denial of their storm damage claim.

Specifically, on Aug. 28, 2013, the Seims notified Allstate that their home had been …