No Coverage for Landlord After Fire Causes Damage to Leased Premises
Scottsdale Ins. Co. v. Mason Park Partners LP (5th Cir. 2007)
After a fire at the Taste of Katy restaurant caused property damage, the insured owner of the restaurant and its landlord made claims under the insured's Commercial Property Coverage and Commercial General Liability policies. Affirming the district court, the Fifth Circuit found that under Texas contract law there were no ambiguities in the policy and that the landlord was not covered under either the property or commercial general liability parts. Additionally, because the landlord did not have coverage under the policy, the Fifth Circuit found it could not maintain its statutory claims including violations of the Texas Deceptive Trade Practices-Consumer Protection Act.
