Texas Supreme Court
The Houston Exploration Co. and Offshore Specialty Fabricators, Inc., Petitioners v. Wellington Underwriting…
August 26, 201154 Tex. Sup. Ct. J. 1683
Summary
The Texas Supreme Court affirmed the Court of Appeals that the "all risk" insurance policy does not provide coverage for weather standby charges because the struck‑through paragraph 13 indicates the parties intended to exclude such expenses. The Court held that deletions in a printed form agreement are evidence of the parties' intent and may be considered in contract construction. A concurring justice agreed with the result and noted the contextual value of the deletions, while a dissenting justice argued that deleted language should be disregarded.