The insurer's motion for summary judgment, contending there was no coverage for hurricane damage, was granted. Laurence v. Liberty Ins. Corp., 2021 U.S. Dist. LEXIS 227807 (S.D. Texas Nov. 29, 2021).
When Hurricane Harvey hit, Mike Laurence held a homeowner's policy from Liberty Insurance Corporation and a contractor policy for his business, Pride Plumbing, Inc., issued by State Farm Lloyds. Laurence's property suffered water damage during the storm. State Farm investigated and concluded that all but a small amount, within the policy's deductible, was from flood damage and excluded. Laurence sued.
The property covered by the State Farm policy included Laurence's home, Pride Plumbing's office and two sheds. Pride Pluming did not own or lease any of the buildings on the property. Laurence testified in his deposition that the only damage to his property not caused by flood water was to three buildings from fallen tree limbs and equipment from his business.
State Farm argued it was entitled to summary judgment because the policy did not cover damage to buildings, but only business personal property. The evidence showed no damage over $1,000 from wind-driven water. A State Farm inspector found no damage consistent with the effects of wind. Instead, he found flood debris lines that were approximately seven feet above the floor. Laurence did not respond to the State Farm argument that the policy did not cover buildings.
The record presented undisputed facts showing that there was no covered unpaid damage caused by wind as opposed to flood water. Nor did Laurence point to any evidence to show that his business personal property not damaged by flood water exceeded the deductible of $1000.
Therefore, State Farm's motion for summary judgment was granted and clams against State Farm were dismissed with prejudice.
