Legal Opinion

SWE Homes, LP v. Wellingston Insurance Company

Texas Court of Appeals, 14th District (Houston)

Decided May 15, 2014No. 14-12-01116-CVPublishedCited by 3 opinions

1Opinion of the Court

OPINION

MARTHA HILL JAMISON, Justice.

This appeal presents the question of whether a standard mortgage clause in a residential insurance policy provides coverage to a mortgagee for a loss by fire when the policy also contained a vacancy clause and the mortgagor had left the property vacant. Mortgagee SWE Homes, LP appeals from the trial court’s grant of summary judgment favoring insurer Wellington Insurance Company, by which the court held that SWE’s loss was not covered. We reverse and remand.

Background

There is very little dispute regarding the facts in this case. Edgar Sadberry purchased a…

2Cases cited16 opinions

  1. Provident Life & Accident Insurance Co. v. KnottTexas Supreme Court · 2003
  2. Mann Frankfort Stein & Lipp Advisors, Inc. v. FieldingTexas Supreme Court · 2009
  3. J.M. Davidson, Inc. v. WebsterTexas Supreme Court · 2003
  4. Travelers Insurance Co. v. JoachimTexas Supreme Court · 2010
  5. 20801, INC. v. ParkerTexas Supreme Court · 2008

11 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Old Second National Bank v. Indiana Insurance CompanyAppellate Court of Illinois · 2015
  2. Old Second National Bank v. Indiana Insurance CompanyAppellate Court of Illinois · 2015
  3. Uni-Pixel, Inc., Reed Killion, and Jeffrey Tomz v. XL Specialty Insurance Company, Texas Court of Appeals, 14th District (Houston)2020

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