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Hidden Cove Park & Marina v. Lexington Insurance Co.

United States District Court, E.D. Texas, Sherman Division

November 9, 2017

HIDDEN COVE PARK & MARINA, MARINE QUEST HIDDEN COVE, LP, MQTXM, LLC d/b/a TEXOMA PARK & MARINA
v.
LEXINGTON INSURANCE COMPANY, and AIG CLAIMS, INC.

          MEMORANDUM OPINION AND ORDER

          AMOS L. MAZZANT, UNITED STATES DISTRICT JUDGE.

         Pending 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.

         BACKGROUND

         Hidden 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 damage.

         The 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:

B. Coverage
. . .
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.
. . .
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 events:
. . .
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 ...

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