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Texas Wesleyan Law Review

Publication Date

1-1-2010

Document Type

Comment

Abstract

A homeowner's insurance policy typically contains a section detailing both covered perils and non-covered perils. Covered perils may include wind damage, for example, and non-covered perils may include flood damage. Some insurance policies also contain an anti-concurrent clause, which may be troublesome for some Texas homeowners after Hurricane Ike. The problem an anti-concurrent clause presents is simple-it denies coverage to policyholders for damages caused by a covered peril. By validating anti-concurrent clauses, the Fifth Circuit denied recovery for damages caused by a peril covered under the policy. This Comment will explain the development of Texas case law interpreting insurance policies when concurrent causes of damage occur; the Fifth Circuit's interpretation of anticoncurrent clauses; and the legal effect of the anti-concurrent clause in Texas.

DOI

10.37419/TWLR.V16.I2.3

First Page

201

Last Page

223

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