Texas Camp May Struggle To Get Coverage After Flood Deaths

Covington partner Heather Habes provided commentary in a Law360 article examining the insurance coverage challenges facing Camp Mystic after a series of wrongful death lawsuits stemming from deadly floods in Texas Hill Country. Heather noted that the definition of “occurrence” under a commercial general liability policy could be pivotal, as carriers increasingly argue that conduct within business operations is intentional and therefore not fortuitous. “As a policyholder lawyer, this is the exact type of coverage that should be provided to insureds,” Heather said, emphasizing that until gross negligence or willful conduct is proven, the suits should trigger a duty to defend.