Texas Supreme Court

Richard Fiess and Stephanie Fiess, Appellants v. State Farm Lloyds, Appellee

August 31, 200649 Tex. Sup. Ct. J. 996

Summary

The Texas Supreme Court answered the Fifth Circuit’s certified question, holding that the Homeowners Form B policy’s explicit exclusion of mold is not overridden by the ensuing‑loss provision; consequently, mold contamination is not covered. The Court relied on the plain‑meaning rule that an unambiguous exclusion controls and that the ensuing‑loss clause applies only when the loss would otherwise be covered under the policy.