Legal Opinion · Dissent

Certain Underwriters at Lloyds, London v. Law

Court of Appeals for the Fifth Circuit

Decided June 2, 2009No. 19-30264Published

1Dissent

O’CONNOR, Justice (Ret.),

dissenting:

I agree with the majority’s conclusion that the damage at issue is not covered “vandalism” under the policy. See ante, Part 11(A)(2). I reach a different conclusion as to the construction of the building damage exception to the theft exclusion, what the majority terms “the most narrow and complex question” before the court. Id. at 579. For this reason, I would affirm the judgment of the District Court.

As the majority recognizes, when a court interprets an insurance policy under Texas law, “[ajmbiguity is ‘liberally’ construed in favor of the insured.” Id.…

2Cases cited11 opinions

  1. Barnett v. Aetna Life Insurance Co.Texas Supreme Court · 1987
  2. Puckett v. U.S. Fire Insurance Co.Texas Supreme Court · 1984
  3. Ramsay v. Maryland American General Insurance Co.Texas Supreme Court · 1976
  4. United States Fidelity & Guaranty Co. v. Bimco Iron & Metal Corp.Texas Supreme Court · 1971
  5. Parkans International LLC v. Zurich InsuranceCourt of Appeals for the Fifth Circuit · 2002

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