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Cocanougher Asset No. 3 v. Twin City Fire Insurance Co.

Court: ND Tx  08/06/2021  Court Holds Whether Insurer Knew Claim Was Covered At Time of Denial Constitutes a Fact Question

A court of the Northern District of Texas denied commercial property insurer's motion for summary judgment on insured's extra-contractual claims finding that at the time insurer denied the claim it relied solely on the inspection of its adjuster and did not obtain expert opinions on cause of roof damage until insured contested denial and in anticipation of litigation, which creates a fact question concerning whether insurer knew or should have known its liability was reasonably clear.

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