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Ensley v. Genworth Life and Annuity Insurance Co.

Court: ND Tx  03/22/2023  Best Evidence Rule Precludes Summary Judgment on Breach of Contract Claim in Life Insurance Dispute

A court of the Northern District of Texas granted in part an insurer's motion for summary judgment in a life insurance dispute, granting the motion as to certain extracontractual claims regarding reinstatement of the policy following lapse, but denying the motion as to breach of contract, limitations, and extracontractual claims regarding the policy's cancellation, holding that fact issues regarding when the insurer sent a cancellation notice and the authenticity of the insurer's offered version of the policy under the best evidence rule created fact issues precluding summary judgment.

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