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Bracewell Secures Victory in First Court of Appeals on Behalf of Texas Windstorm Insurance Association

AUSTIN Bracewell LLP is pleased to announce a victory in the First Court of Appeals of the State of Texas (Court) on behalf of client Texas Windstorm Insurance Association (TWIA), a coastal windstorm property insurer, stemming from breach of contract and misrepresentation allegations by League City, Texas (City) in the years following Hurricane Ike’s landfall.

The City claimed millions of dollars of covered damages to more than fifty buildings from Hurricane Ike, notwithstanding TWIA’s payment of more than $750,000 for documented, covered damages prior to the filing of the lawsuit.  The jury returned a verdict for the City; however, Bracewell’s appellate team convinced the trial court to grant judgment notwithstanding the verdict and enter a take nothing judgment.  After briefing and argument in the court of appeals, the Court issued its opinion on January 31, 2017, affirming the take nothing judgment in favor of TWIA.  Notably, this was the first Hurricane Ike case filed by a municipality to be tried to a jury.  

Bracewell lawyers working on this case included:

Partners:  Dale Wainwright and Yvonne Y. Ho