Court Denies Coverage for Texas Landlord for Lack of Timely Notice

DALLAS - The obligation to provide timely notice of an occurrence or potential claim is not determined solely by the subjective judgment of the insured, a Texas appellate court said March 9 in affirming a mold coverage decision for an insurer. Blanton v. Vesta Lloyds Insurance Co., No. 05-04-00156-CV (Texas Ct. App., 5th Dist.).

Vesta Lloyds Insurance Co. filed a declaratory judgment action after Don Blanton sought a defense and indemnification for a tenant's lawsuit alleging that Blanton failed to prevent pervasive water leaks and related mold in a rented commercial property.

The 95th Judicial District Court in Dallas granted …