Legal Opinion

SMI Realty Management Corp. v. Underwriters at Lloyd's, London

Texas Court of Appeals, 1st District (Houston)

Decided November 29, 2005No. 01-03-01340-CVPublishedCited by 12 opinions

1Opinion of the Court

OPINION

LAURA CARTER HIGLEY, Justice.

In this insurance-coverage dispute, SMI Realty Management Corporation (“SMI”) appeals the trial court’s summary judgment in favor of Underwriters at Lloyd’s, London (“Underwriters”). We determine whether the term “Leakage,” found in an exclusionary provision of an “all-risks” policy, is ambiguous or whether, as a matter of law, it serves- to deny SMI coverage in this case.

We reverse and remand.

Factual and Procedural Background

SMI contracted with Underwriters for first-party property insurance, covering the period of January 9,1999 to January 9, 2000. The…

2Cases cited31 opinions

  1. Southwestern Electric Power Co. v. GrantTexas Supreme Court · 2002
  2. Carr v. BrasherTexas Supreme Court · 1989
  3. Centeq Realty, Inc. v. SieglerTexas Supreme Court · 1995
  4. Forbau Ex Rel. Miller v. Aetna Life Insurance Co.Texas Supreme Court · 1994
  5. American Manufacturers Mutual Insurance Co. v. SchaeferTexas Supreme Court · 2003

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

3Cited by12 opinions

  1. Jaw the Pointe, L.L.C. v. Lexington Insurance CompanyTexas Supreme Court · 2015
  2. Dallas National Insurance Co. v. Sabic Americas, Inc., Texas Court of Appeals, 1st District (Houston)2011
  3. Martin v. Martin, Texas Court of Appeals, 6th District (Texarkana)2012
  4. Dallas National Insurance Company v. Sabic Americas, Inc., Texas Court of Appeals, 1st District (Houston)2011
  5. Ex Parte Juan Jose Sanchez, Texas Court of Appeals, 1st District (Houston)2016

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

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