HOUSTON – USAA Casualty Insurance recently had a summary judgment win affirmed by the First Court of Appeals.
The opinion stems from a lawsuit brought by Amy Powell, who sued USAA claiming breach of contract and violations of the Insurance Code.
Back in April 2016, Houston flooded in the Tax Day Floods. Court records show Powell filed a claim with FEMA for flood damage and was paid just under $15,000.
A few months later, on June 14, 2016, Powell filed a claim with USAA for damage to her home caused by an air conditioning leak and a washing machine that overflowed.
In three letters dated March 30, 2017, USAA rejected each of Powell’s claims, determining that she misrepresented and concealed facts.
Court records show that USAA filed a traditional and no evidence motion for summary judgment in response to Powell’s lawsuit, arguing that her house was in disrepair when she bought it and that it had incurred damage prior to the effective date of her policy.
A trial court granted the motion and Powell appealed, contending that USAA did not move for summary judgment on a ground stated in its letters rejecting her insurance claims as required by the Insurance Code, and that genuine issues of material fact exist regarding her breach of contract claims.
On April 15, the First Court affirmed the trial court ruling, concluding that Powell has not raised a genuine issue of material fact on her claims that USAA violated the Insurance Code, court records show.
Case No. 01-19-00308-CV