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Mankoff v. Privilege Underwriters Reciprocal Exchange – Insurance Law Section of the State Bar of Texas Skip to content

Mankoff v. Privilege Underwriters Reciprocal Exchange

Court: Tx 5-Dallas  01/29/2024  Divided Appellate Court Finds the Term "Windstorm" Ambiguous in Homeowner's Policy

The majority found that the term "windstorm" as used in the policy's deductible provision is ambiguous because the insured presented evidence that the term "windstorm" and the term "tornado" have different technical meanings in the meteorological community and in certain provisions, the Texas Insurance Code refers to windstorms and tornadoes as distinct risks; therefore, since the deductible clause is an exclusionary provision, the insured's reasonable construction must be accepted and the insured owed only the lower general deductible rather than the higher deductible applicable to windstorms.

homeowner's insurance, windstorm, tornado, deductible, policy construction, policy interpretation, rules of construction, ambiguity, ambiguous, exclusionary provision, limitations on liability

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