Haynes and Boone in Law360: RSUI Should Pay $8M Post-Hurricane Award, Texas Court Told

09/19/2014


Apartment manager The Lynd Co. on Thursday defended in Texas Supreme Court an appellate win that awarded it $7.5 million in coverage from insurer RSUI Indemnity Co. for damage caused during Hurricane Rita in 2005, saying that under the four corners of its policy, the insurers couldn’t avoid paying up.

Lynd, which says it carried coverage through RSUI for $1 billion worth of apartment buildings, argued that under the scheduled limits in its excess coverage policy, it should be compensated for its actual losses from the devastating hurricane...

But Lynd says the language in the clause at issue is unique, not part of any regulated or standardized form, and that a ruling against RSUI wouldn’t affect other companies. It says the policy covers 100 properties for which Lynd pays premiums collectively and that the purpose is to cover multiple properties in the event of a catastrophic loss.

“There’s nothing nefarious about our claim,” said Nina Cortell of Haynes and Boone, LLP, representing Lynd. “It’s for our actual losses...”

Lynd is represented by Nina Cortell, Ernest Martin and Jeremy Kernodle of Haynes and Boone, LLP.

Excerpted from Law360, September 19, 2014. To view full article, click here (subscription required).

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