A court for the Western District of Texas recommended that an insurer's motion for summary judgment be denied as to the insured's breach of contract, prompt payment, and extra-contractual claims where the insurer offered only claim records, photographs, and an adjuster's affidavit as evidence to support an exclusion, but recommended that the insurer's motion be granted with respect to exemplary damages because there was no evidence of fraud, malice, or gross negligence.
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