Legal Opinion

American Risk Insurance Co. v. Serpikova

Court of Appeals of Texas

Decided December 6, 2016No. 14-14-00859-CVPublishedCited by 9 opinions

1Opinion of the Court

*500OPINION

Kem Thompson Frost, Chtóf Justice

In this insurance-coverage case, the insurer under a homeowner’s policy appeals the trial court’s determination that, as a matter of law, the policy provides coverage for the insured’s loss resulting from a fire. We conclude that under binding statements from the Supreme Court of Texas in Greene v. Farmers Insurance Exchange, 446 S.W.3d 761 (Tex. 2014), the policy does not provide coverage as a matter of law. Therefore, the trial court erred in granting summary judgment in favor of the insured. We reverse and remand.

I. Factual and Procedural Background

Ap…

2Cases cited18 opinions

  1. MacK Trucks, Inc. v. TamezTexas Supreme Court · 2006
  2. FM Properties Operating Co. v. City of AustinTexas Supreme Court · 2000
  3. Johnson v. Brewer & Pritchard, P.C.Texas Supreme Court · 2002
  4. Goodyear Tire and Rubber Co. v. MayesTexas Supreme Court · 2007
  5. M.D. Anderson Hospital & Tumor Institute v. WillrichTexas Supreme Court · 2000

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3Cited by9 opinions

  1. Hogg v. Lynch, Chappell & Alsup, P.C.Court of Appeals of Texas · 2018
  2. RLI Insurance Co. v. CostelloDistrict Court, S.D. Texas · 2017
  3. Amy Powell v. Usaa Cic, Texas Court of Appeals, 1st District (Houston)2021
  4. Benitez v. AmGuard Insurance CompanyDistrict Court, S.D. Texas · 2024
  5. Ex Parte Howard Joseph Burton, Texas Court of Appeals, 14th District (Houston)2022

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