Texas Appellate Court Upholds Take-Nothing Judgment Against Insurer in Hurricane Ike Case

HOUSTON — A Texas appellate court has affirmed a take-nothing judgment against an insurer in an action involving Hurricane Ike-related damage to two shopping malls, finding the insurer paid more than the amount of the jury’s legally viable damage findings and therefore the insureds are not entitled to bad faith damages.

In a Feb. 9 opinion, the Texas 14th Court of Appeals further held that the insureds cannot prevail on their claims based upon alleged violations of the state insurance code.

Triyar Companies LLC is the only insured under a policy issued by Fireman’s Fund Insurance Co., which covered …