After the lower court granted summary judgment to Omni Hotels and Resorts’ claim for coverage due to COVID-19 losses, the Texas Court of Appeals reversed, in part, based upon language in some of the insurers’ policies. TRT Holdngs, Inc. v. Ace Am. Ins. Co., 2025 Tex. App. LEXIS 7407 (Texas Ct. App. Sept. 18, 2025).

Omni’s properties were insured through a $250 million commercial property insurance program. The program had a $25 million primary layer and a $225 million xcess layer. Both layers were co-insured. Chubb issued the lead policy and other insurers issued follow-form policies.