On December 18, 2013, in the majority opinion of Philadelphia Indemnity Insurance Company v. White, the San Antonio Court of Appeals ruled the catch-all provision — “due to . . . any other cause not due to our negligence or fault” — contained in paragraph 12 of a Texas Apartment Association lease is void. The court concluded that paragraph 12’s broad imposition of liability on a tenant for damage not caused by the landlord is void because it violates public policy as expressed in the Texas Property Code. The dissent by Justice Barnard asserted that the public policy preservation of contractual freedom trumps White’s claim.
Recent News
- EIGHT TOUCHSTONE BERNAYS ATTORNEYS NAMED TO THE 2019 TEXAS SUPER LAWYERS LIST
- TOUCHSTONE BERNAYS ATTORNEYS HAVE BEEN SELECTED TO THE 2019 TEXAS RISING STARS LIST
- NINE TOUCHSTONE BERNAYS ATTORNEYS NAMED TO THE 2018 TEXAS SUPER LAWYERS LIST
- ALERT! NEW RULING ON EXTRA-CONTRACTUAL DAMAGES RECOVERY
- TEXAS SUPREME COURT ADDRESSES LOSS-OF-USE DAMAGES IN TOTAL-DESTRUCTION CASE
Recent Blog Posts
- MORE ON INSURANCE COVERAGE FOR PUNITIVE DAMAGES
- TOTAL DESTRUCTION OF PROPERTY DOES NOT PREVENT A RECOVERY FOR LOSS-OF-USE DAMAGES OR LOST PROFITS
- STAY TUNED: A FIFTH CIRCUIT U.S. COURT OF APPEALS PANEL........
- APPLICATION OF WATER-DAMAGE EXCLUSION IN ALL-RISK HOMEOWNER'S POLICY
- MEDICAL SERVICES EXCLUSION PRECLUDES COVERAGE