Confirmed: Texas' Pro-Policyholder Insurance Law

Law360, New York (September 03, 2013, 5:45 PM ET) -- On Aug. 23, 2013, in Lennar Corp., et al. v. Markel Am. Ins. Co., the Texas Supreme Court issued an opinion that confirms two important aspects of pro-policyholder insurance law, despite insurers’ repeated attempts to reverse and/or limit them.

In the 1990s, Lennar Corporation built hundreds of homes using an exterior insulation and finish system (EIFS), marketed as an attractive alternative to traditional stucco. However, when installed on wood-frame homes, EIFS traps water in walls, causing rot, mildew, mold and termite infestations.

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