Legal Question in Insurance Law in Texas

We have a small business in a strip center in Texas. During recent rains the roof leaked extensively and cause water damage to much merchandise. Our insurance agent says the liability is with the landlord or the landlord's insurance company. Neither the landlord nor the landlord's insurance wants to pay for the damages. Whose responsibility is it to pay for the damaged merchandise?


Asked on 10/30/11, 7:21 pm

1 Answer from Attorneys
Ken Gober (Austin TX) Lee, Gober & Reyna

It depends on the types of policies (what they cover). Often the tenants insurance is the one responsible for paying for the tenants lost merchandise (unless there is an exclusion).

I suggest you get you insurance company to give their refusal in writing. The take (or send) that letter from the insurance company to a lawyer along with a copy of your insurance policy.

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Answered on 10/30/11, 8:02 pm


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