United States District Court, E.D. Texas, Sherman Division
HIDDEN COVE PARK & MARINA, MARINE QUEST HIDDEN COVE, LP, MQTXM, LLC d/b/a TEXOMA PARK & MARINA
LEXINGTON INSURANCE COMPANY, and AIG CLAIMS, INC.
MEMORANDUM OPINION AND ORDER
L. MAZZANT, UNITED STATES DISTRICT JUDGE.
before the Court is Defendants Lexington Insurance Company
(“Lexington”) and AIG Claims, Inc.'s Motion
for Partial Summary Judgment Regarding Policy Interpretation
(Dkt. #31) and Plaintiffs Hidden Cove Park & Marina,
Marine Quest Hidden Cove, LP (collectively, “Hidden
Cove”), and MQTXM, LLC d/b/a Texoma Park &
Marina's (“Texoma Park”) Motion for Partial
Summary Judgment Against Defendants Lexington Insurance
Company and AIG Claims Inc. (Dkt. #32). After reviewing the
motions, the Court finds that Defendants' Motion should
be denied and Plaintiffs' Motion should be granted.
Cove owns property at 20400 Hackberry Creek Park Rd., Denton
County, The Colony, Texas 75034 and Texoma Park owns property
at 449 Creek Park Rd., Grayson County, Whitesboro, Texas,
76273 (collectively, “the Property”). The
Property was insured by Lexington. In May and June 2015,
several storms occurred that caused damage to the Property.
Lexington issued advanced payments on the policy to
Plaintiffs of $1, 000, 000.00 to cover undisputed flood
dispute in this case arises out of the amount of coverage
owed under the language in the policy. The policy provides
for all-risk coverage except for losses listed in the
exclusions, even caused concurrently with an included peril
pursuant to the anti-concurrent-causation (“ACC”)
clause. The policy, in relevant part, reads:
. . .
3. Covered Causes of Loss Covered Causes of
Loss means all risk of direct physical “loss” to
Covered Property except those causes of “loss”
listed in Section C. Exclusions.
. . .
1. We will not pay for a “loss”
if one or more of the following exclusions apply to the
“loss” regardless of other causes or events that
contribute to or aggravate the “loss”, whether
such causes or events act to produce the “loss”
before, at the same time as or after the excluded causes or
. . .
e. Flood “Flood”, unless a Limit
of Insurance is shown on the Supplemental Declarations page,
and then coverage applies only up to specified amount.
Nevertheless, if a Limit of Insurance is not indicated on the
Supplemental Declarations and “flood” results in
fire or explosion, we will pay for the ...