Texas Court Cites Lack of Evidence of Covered Peril in Finding for Insurer

DALLAS - A homeowner's failure to provide evidence that a covered peril caused mold intrusion in a bathroom warranted summary judgment for the home's insurer, a federal judge ruled on April 25. Atwill v. State Farm Lloyds, No. 304-CV-1343-R (N.D. Texas).

Linda Atwill first filed a claim with State Farm Lloyds in 1999, seeking coverage for mold damage in a master bathroom.

Atwill eventually made three claims for mold damage, for which State Farm Lloyds paid her a total of $345,000. Atwill sued in Texas state court for policy limits for each of three separate claims, alleging, too, that …