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5th Circuit Rejects ‘Legal Gotcha’; Says Insurer Must Pay for Harvey Damage While Hurricane Harvey dumped 60 inches of rain on the Houston area in August 2017, the authority that operates the Lake Conroe Dam opened the floodgates to release water at a rate almost equal to the flow over Niagara Falls. Water in the lake flowed counterclockwise as if draining from a sink, causing fallen trees, unmoored boats and other debris to slam into 22 boat dock slips owned by the Playa Vista Conroe condominium association. The association filed a claim seeking $208,177.44 to repair hurricane damage to the complex, including replacement of the boat docks. Insurance Co. of the West denied the claim, saying hurricane damage was excluded by the association’s policy.

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