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Spring Creek Village Apartments Phase V, Inc. v. General Star Indemnity Co.

The jury's finding regarding the amount of covered property damage is not against the great weight and preponderance of the evidence. Houston's 14th Court of Appeals, No. 14-06-00978-CV

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Affirmed and Opinion filed June 24, 2008.

OPINION

This dispute concerning payments allegedly due under an excess insurance policy is before a court of appeals for the third time. In the instant suit, after a jury found covered damages in an amount less than the limits of the primary coverage, the trial court rendered a take-nothing judgment in favor of the excess insurer. On appeal, the insured argues that the amount of covered damages found by the jury is so small as to be against the overwhelming weight of the evidence. Because the jury’s finding is within the range of the evidence presented relevant to the issue of covered damages and is not against the great weight of the evidence, we affirm the trial court’s judgment.

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