Homeowners Lose Hurricane Damage Suit Due To Policy’s Exclusionary Language

The Court of Appeals of the 9th District of Texas at Beaumont affirmed a judgment in favor of an insurance company in a case involving damages to a home from Hurricane Ike. After the jury returned the verdict against them, the homeowners appealed the verdict from the 75th District Court of Liberty County. According to the memorandum opinion filed Nov. 16, “On appeal, the Ilers [the homeowners] argue that the trial court erred in allowing the jury to interpret an exclusionary clause in an insurance policy and that the trial court erred in denying appellants’ motion for judgment notwithstanding the verdict because they conclusively established their damages and attorney’s fees.