A court of the Eastern District of Texas adopted a magistrate's recommendation to resolve competing motions for summary judgment in a property damage dispute, denying the insured's motion where fact issues preclude judgment on insurer's affirmative defenses of failure to mitigate and failure of a condition precedent, denying the insurer's motion as to bad faith and trebles damages, but granting the insurer's motion as to the insured's claim for misrepresentation and failure to provide a reasonable explanation for denial.
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