Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Monday, November 2, 2009

Construction of Insurance Policy Is Analogous to Contract Interpretation

INTERPRETING INSURANCE POLICY IS A FORM OF CONTRACT CONSTRUCTION The interpretation of an insurance contract is generally subject to the same rules of construction as other contracts. Nat’l Union Fire Ins. Co. of Pittsburg, PA v. Crocker, 246 S.W.3d 603, 606 (Tex. 2008). Contract language that can be given a certain or definite meaning is not ambiguous and is construed as a matter of law. DeWitt County Elec. Coop., Inc. v. Parks, 1 S.W.3d 96, 100 (Tex. 1999). The primary objective is to determine the parties’ intent as reflected in the policy’s terms, Don’s Bldg. Supply, Inc. v. OneBeacon Ins. Co., 267 S.W.3d 20, 23 (Tex. 2008), and our review of an unambiguous contract, like any other legal question, is de novo. Heritage Res., Inc. v. NationsBank, 939 S.W.2d 118, 121 (Tex. 1996). SOURCE: Chrysler Ins. Co., v. Greenspoint Dodge of Houston, Inc., No. 08-0780 (Tex. Oct. 30, 2009)(per curiam)