Cases

Huizar v Benchmark Insurance Co.

Court

5th Cir

Publish Date

01/07/2025
The Fifth Circuit Court of Appeals affirmed summary judgment in favor of homeowners insurer which denied claim for freeze damage where insured did not reside on the property on the inception date of the policy, agreeing that the insured’s intent to reside on the property following construction insufficient to establish residence on inception date.
homeowners insurance policy, freeze claim, property damage, residence, inception date, FRCP 56, breach of contract, extracontractual claims