Texas Appeals Court Affirms Take-Nothing Judgment in Hurricane Ike Damage Case

HOUSTON — A Texas appeals court has upheld a trial court’s take-nothing judgment on a policyholder’s Hurricane Ike property damage claim, ruling that the policy covered only the actual cash value of the claim and the trial court was barred from considering a jury’s findings on the policyholder’s replacement cost damages.

In an Oct. 13 opinion, the Texas Court of Appeals, 1st District, further found that the evidence presented to the jury supported a finding of zero actual cash value damages.

In 1994, John Davis purchased a building in Houston in which he opened a barbershop and clothing store, known …