Finger Furniture Company Inc., Plaintiff-Counter v. Commonwealth Insurance Company, Defendant-Counter Claimant-Appellant

PRADO, Circuit Judge:

This appeal arose from a dispute between an insurer, appellant Commonwealth Insurance Company (Commonwealth), and its insured, appellee Finger Furniture Company (Finger). Finger owns seven furniture stores in Houston, Texas. Beginning on June 8, 2001 and continuing into June 9, 2001, the heavy rains of Tropical Storm Allison hit the Houston area and caused severe flooding. Because of the flooding, Finger’s employees could not access the Finger store that housed the company’s central computer system. As a result, Finger could not operate any of its Houston stores on…