The U.S. Court of Appeals for the Fifth Circuit has affirmed a lower court ruling in favor of a Texas condominium association holding that the association is entitled to damages for boat slips destroyed during Hurricane Harvey. The case is Playa Vista Conroe v. Ins. Co., No. 20-20307, 2021 U.S. App. LEXIS 6695 (5th Cir. Mar. 5, 2021).

Hurricane Harvey made landfall in Texas during August of 2017, and caused unprecedented rainfall and flooding in Texas. In order to prevent the Lake Conroe Dam from overflowing and failing, the San Jacinto River Authority released water from the dam at a rate of nearly twice the flow rate of Niagara Falls. During that release, the twenty-two boat slips of the Playa Vista condominium community were destroyed.

The condominium association's insurer, Insurance Co. of the West, denied coverage on the basis that the policy did not cover flooding caused by a hurricane or tropical storm. The association filed suit against the insurer. The U.S. District Court in Houston ruled that Playa Vista was entitled to $190,828 in damages and $50,000 in attorney's fees.