A magistrate for the Northern District of Texas recommended that the court grant in part an insurer's motion for summary judgment only as to the insured's claim under Texas Insurance Code Sec. 541.060(a)(2)(A) and the insurer's assertion of a policy sublimit for code upgrade, but that the court deny the insurer's motion as to all other claims, concluding that the bona fide coverage dispute rule does not apply to the insured's other extra-contractual claims, that wear and tear is a not a fortuitous event or peril for purposes of the concurrent causation doctrine, and that the insured did properly allocate damages where the concurrent causation doctrine applied.
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