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Creekwood Real Estate, LLC v. Mount Vernon Fire Insurance Co.

Court: WD Tx  08/01/2023  Court Accepts Magistrate's Recommendation That Concurrent Causation Doctrine Inapplicable Under Policy's Ensuing Loss Exception

A court of the Northern District of Texas accepted a magistrate's recommendation for resolution on competing motions for summary judgment involving a commercial property policy dispute, holding that the concurrent causation doctrine is inapplicable where the insured has presented evidence that an exception to an excluded cause of loss applies under a commercial property policy's ensuing loss provision.

commercial property policy, concurrent cause, ensuing loss, exclusion, exception, burden of proof, affirmative defense, summary judgment

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