Texas Clause Dealing with Fire Damage

State:
Multi-State
Control #:
US-OL11024A
Format:
Word; 
PDF
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Description

This office lease clause deals with the mandatory obligation of the landlord to rebuild; time periods for reconstruction; continuation of abatement periods; the appropriate "what ifs" in the event portions of the premises cannot be restored and are deemed to be indispensable; and circumstances when the landlord or tenant can elect to terminate the lease.

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FAQ

In the context of fire insurance, impact damage refers to the damage caused to a property or structure by the impact of an external object. This type of damage typically occurs when a vehicle, falling tree, debris, or other objects collide with a building or its contents, leading to physical harm or destruction.

(a) A fire insurance policy, in case of a total loss by fire of property insured, shall be held and considered to be a liquidated demand against the company for the full amount of such policy. This subsection does not apply to personal property.

82.053. RESTITUTION. (a) The commissioner may direct the holder of an authorization to make complete restitution to each Texas resident, each Texas insured, and each entity operating in this state that is harmed by a violation of, or failure to comply with, this code or a rule of the commissioner.

28.04. RECKLESS DAMAGE OR DESTRUCTION. (a) A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner. (b) An offense under this section is a Class C misdemeanor.

Treble Damages, i.e. three times the amount the insurance company should have paid you. To get treble damages, courts tend to require that you prove the insurance company intentionally or knowingly acted in bad faith. Attorney's fees, interest, and court costs. Interest on the delayed payments.

The Texas Insurance Code is the part of Texas state law that governs the way that insurance companies can operate in the state.

This clause helps ensure that the policy provides adequate coverage as the cost of replacing or repairing insured property increases due to factors such as inflation or changes in market value. This is the reason why the escalation clause is also called the inflation-guard endorsement in the insurance business.

Fire Insurance: Total Loss of Real Property. (a) A fire insurance policy, in case of a total loss by fire of property insured, shall be held and considered to be a liquidated demand against the company for the full amount of such policy.

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Texas Clause Dealing with Fire Damage