Houston Exploration Co. v. Wellington Underwriting Agencies, Ltd.

I join parts I and III of the Court’s opinion and its judgment. I write to explain my view of why the stricken language of paragraph 13 can and should be considered for context.

First, the stricken language of paragraph 13 need not be considered in determining the policy’s coverage. As explained in part III of the Court’s opinion and by the court of appeals, 267 S.W.3d 277, 283-87, the policy is unambiguous regardless of the presence of the stricken language. The policy provides coverage for repairs and vessels engaged in “or about” repairs; it does not provide coverage for vessels on standby…