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A&E Austin 1, LTD., v. Nationwide General Insurance Co.

Court: WD Tx  08/01/2023  Prevention Doctrine Precludes Summary Judgment for Insurer on Obligation to Pay Replacement Cost Benefits

A court of the Western District of Texas denied an insurer's motions for judgment on the pleadings and summary judgment, recognizing that under Texas law, an insured would be excused from performing any condition required to obtain replacement cost benefits if the insurer's conduct prevented performance of that condition and holding that under this prevention doctrine, a genuine issue of material fact exists.

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