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Playa Vista Conroe v. Insurance Co. of the West

Court: 5th Cir  03/05/2021  Fifth Circuit Affirms Summary Judgment for Insured in Hurricane Harvey Dispute

The Fifth Circuit found that the insured met its burden to show that its policy provided coverage for its docks and boat slips and that the insurer failed to meet its burden to establish that any exclusion in its various flood endorsements barred coverage for such loss, noting that it was the insurer's contract and it had not contracted away its burden.

commercial property insurance policy, Hurricane Harvey, difference in conditions, limited coverage flood endorsement, specified flood exclusion, Texas Insurance Code 542A, acts or decisions exclusion, governmental-body exclusion, burden of proof, contract interpretation, flood

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