Balandran v. Safeco Insurance Co. of America

*743OWEN, Justice,

filed a dissenting opinion, in which HECHT, Justice, joins.

I am sympathetic to the Balandrans’ plight. But, for the reasons expressed by the Fifth Circuit in Sharp v. State Farm Fire & Casualty Insurance Co., 115 F.3d 1258 (5th Cir.1997), the Texas Standard Homeowner’s Policy unambiguously excludes damage to a foundation caused by a plumbing leak. In finding an ambiguity, the Court ignores the structure of the policy. The Court is also unduly swayed by the arguments of the Commissioner of Insurance that the policy provides coverage. I respectfully dissent.

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There is one matter on…