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Axis Surplus Insurance Co. v. Mercer

Court: ND Tx  12/29/2021  Court Grants Insurer's Motion for Summary Judgment But Denies Insured's in Water Damage Coverage Dispute

A court of the Northern District of Texas granted the insurer's motion for summary judgment but denied the insured's, holding that commercial property insurer properly denied coverage where rain had damaged two commercial buildings but the buildings did not first sustain damage by a covered cause of loss to its roof or walls.

commercial property policy, all-risks policy, cross-motions for summary judgment, policy exclusion, exception to exclusion, direct physical loss

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