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Espinoza v. State Farm Lloyds

Court: WD Tx  09/16/2024  Insurer Entitled To Summary Judgment Because Insured Cannot Not Segregate Between Covered and Non-Covered Claims

Where an insurer's summary judgment evidence established that a storm on the alleged date of loss could not have caused all of the insured's alleged damages, and the insured did not present evidence to the contrary, a court for the Western District of Texas determined that the insured could not allocate between covered and non-covered losses and the insurer was entitled to summary judgment on breach of contract, extra-contractual, and prompt-payment claims.

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