Texas Supreme Court

Joe Balandran and Dolores Balandran, Appellants v. Safeco Insurance Company of America, Appellee

July 3, 199841 Tex. Sup. Ct. J. 1153

Summary

The Texas Supreme Court held that the 1991 Texas Standard Homeowner's Policy‑Form B provides coverage for foundation damage caused by an underground plumbing leak because exclusion 1(h) does not apply to loss caused by the accidental discharge, leakage, or overflow of water. The Court reversed the lower court’s judgment for the insurer. Justice Owen dissented, maintaining that the policy unambiguously excludes such damage.