The Texas Supreme Court has agreed to consider what burden is placed on an insured to prove the amount of a covered loss where there is concurrent causation in a case involving both wind and flood damage to property. Lexington Insurance Company v. Jaw the Pointe, LLC, 2013 WL 3968445 (Tex. App.—Houston [14th Dist.], Aug. 1, 2013). A jury rendered a verdict for compensatory damages and damages for “knowing” conduct where the insurance company paid only the portion of the claim it believed to be related to wind. The Court of Appeals reversed, noting that a government’s demolition order noted not only wind damage but also flood damage, the latter of which is not covered. The Court of Appeals applied the concurrent causation doctrine and determined that the insured could not demonstrate that the demolition was necessary as the result of a covered loss.