Ronald Shipp v. The State of Texas--Appeal from 294th District Court of Van Zandt County

State: Texas

Court: Texas Northern District Court

Docket No: 06-09-00076-CR

Case Date: 12/15/2009

Plaintiff: Farmers Mutual Protective Association of Texas

Defendant: Robert Rooney and Janine Rooney--Appeal from 18th District Court of Johnson County

Preview:Opinion filed June 23, 2011

In The

Eleventh Court of Appeals
__________

No. 11-09-00225-CV __________ FARMERS MUTUAL PROTECTIVE ASSOCIATION OF TEXAS, Appellant V. ROBERT ROONEY AND JANINE ROONEY, Appellees
On Appeal from the 18th District Court Johnson County, Texas Trial Court Cause No. C200600664

MEMORANDUM OPINION Robert Rooney and Janine Rooney sued Nicolas Scott Johnston d/b/a AllTex Roofing & Construction (their roofing contractor) and Farmers Mutual Protective Association of Texas (their homeowners' insurance provider) after rain entered through the roof of the Rooneys' house and caused extensive damage inside the house. Farmers denied coverage. At trial, the issues before the jury related to whether the loss was a covered loss under the terms of the insurance policy. The jury found that coverage existed because the "direct force of wind or hail made an opening in the [Rooneys'] roof through which rain entered" and that the amount of damages

sustained was $55,000. The trial court entered judgment against Farmers on the jury verdict, added prejudgment interest, and awarded attorney's fees of $17,500. Farmers appeals. 1 We reverse and render. Farmers presents two issues for review. We do not reach the second issue, in which Farmers challenges the admission of certain testimony presented by the Rooneys' expert witness, because the first issue is dispositive of the appeal. See TEX. R. APP. P. 47.1. In the first issue, Farmers asserts that there was no evidence that that the Rooneys' loss was covered by the terms of the insurance policy. The Rooneys' home and contents were covered by Farmers' Star Policy. The policy provided coverage for loss caused by windstorm, hurricane, and hail unless otherwise excluded. The policy specifically excluded "loss caused by windstorm, hurricane or hail to: . . . (4) the interior of a covered building or to personal property contained in a covered building unless direct force of wind or hail makes an opening in a roof or wall and rain enters through this opening and causes the damage" (emphasis added). Under Texas law, the insured bears the initial burden of showing that there is coverage, while the insurer bears the burden of proving the applicability of any exclusions in the policy. TEX. INS. CODE ANN.

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