Locke Lord Secures Defense Verdict for AmGUARD Insurance Company in Hurricane Harvey Case Seeking Over $16 Million in Damages

Locke Lord’s Susan Kidwell (Austin) and Sagar Patel (Houston) obtained a defense verdict in favor of AmGUARD Insurance Company after a jury trial held in the Southern District of Texas (Houston Division). The case arose from an insurance claim for damages sustained by two commercial buildings while Harvey passed through Houston. AmGUARD paid for all damages relating to a partial roof collapse on one building, but it declined to pay for interior water damages from roof leaks in the other building. That was because AmGUARD’s investigation found no evidence of any direct physical damage to the roof, and in that situation, the interior water damages are not covered by the policy. The plaintiff-insured filed suit to recover any additional damages under the policy, including the cost of a complete roof replacement for the building that was not affected by the collapse. The jury found that AmGUARD did not breach the policy by declining to pay for any of the additional damages sought. Because AmGUARD did not owe any additional policy benefits, there was no basis for the plaintiff to recover any damages for alleged violations of the Texas Insurance Code.
Posted on June 29, 2021