Turner Construction Company v. Ace Property & Casualty Insurance Co., Docket No. 04-6641-Cv

I respectfully dissent. In my view, the plain language of the policy indicates that rain is not an independent “Covered Cause of Loss” and that damage caused by rain entering through a wind-created opening is properly understood as wind damage subject to the wind deductible. This reading is confirmed by the commonly understood scope and nature of “windstorm” protection in the Texas insurance industry, and, in my view, the majority’s finding of ambiguity (and application of the rule of contra proferentum) is contrary to how a reasonably knowledgeable observer would view the policy.

The…