The pace of opinions from the Court of Appeals has slowed down during the fall, but there is still news from the Texas Supreme Court. This morning, that court granted the petition for review in Farmer’s Insurance Exchange v. Greene. In August 2012, the Dallas Court of Appeals sided with the insurer in holding that a homeowner’s damages were barred by a vacancy clause in the insurance contract, which excluded liability for damages that occurred more than 60 days after the residence became vacant. The Court of Appeals rejected the insured’s claim that the exclusion did not apply because the vacancy of the home did not contribute to the fire that destroyed it. Oral argument at the Supreme Court is set for December 4, and you can find the parties’ briefs at the link below.
Greene v. Farmer’s Ins. Exch., No. 12-0867