Interpreting an insurance policy is a cause for many lawsuits. This is illustrated in a January 2025 opinion from the United States Court of Appeals for the Fifth Circuit. The opinion is styled, Andre Huizar v. Benchmark Insurance Company.
On summary judgment, the district court dismissed Huizar’s breach of contract and related extracontractual claims against his insurer, Benchmark. For the following reasons, the Court AFFIRMED.
In January 2021, Huizar applied for a home insurance policy for 833 Baker Drive in Tomball, Texas (the “Property”) with Benchmark. In his application, Huizar represented that the property was owner-occupied, was built in 1982, was not vacant or unoccupied or for sale or under construction, and that there was no unrepaired damage to the roofs or other structures. He signed the application, acknowledging that the information he provided was correct and that if it was false or misleading the policy would be null and void. Based on the information provided, Benchmark issued the homeowner’s