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· 4/24/2015

Jaw the Pointe, L.L.C. v. Lexington Insurance Company

Citations

  • 460 S.W.3d 597
  • 58 Tex. Sup. Ct. J. 690
  • 2015 Tex. LEXIS 343
  • 2015 WL 1870054

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • upholding the applicability of an anti-concurrent causation clause under Texas law
  • “Generally, an endorsement or rider that provides specific coverage trumps an exclusion contained within the policy’s primary forms.”
  • “To avoid liability, the insurer then has the burden to plead and prove that the loss falls within an exclusion to the policy’s coverage.”
  • when terms in an insurance policy are subject to more than one reasonable construction, we interpret the terms in favor of coverage
  • “Initially, the insured has the burden of establishing coverage under the terms of the policy.”
  • “As a general rule there can be no claim for bad faith when an insurer has promptly denied a claim that is in fact not covered.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boyd

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.