Texas Supreme Court
Philadelphia Indemnity Insurance Company, A/s/o Mirsan, L.p., D/b/a Sienna Ridge Apartments, Petitioner v. Carmen…
May 13, 201659 Tex. Sup. Ct. J. 743
Summary
The Texas Supreme Court held that the lease’s reimbursement provision is unambiguous and enforceable because it does not violate the Texas Property Code, reversing the appellate court’s declaration that it is void on public‑policy grounds while affirming the appellate finding of ambiguity and remanding for further proceedings on the tenant’s remaining defenses. Justice Boyd dissented, arguing that the landlord should bear the burden of proving the tenant caused the fire.