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Frymire Home Services, Inc. v. Ohio Security Insurance Co.

Court: 5th Cir  08/26/2021  Fifth Circuit Certifies Questions to Texas Supreme Court on Concurrent Causation and Allocation

In connection with a dispute concerning property insurance coverage for hail damage to the insured's roof, the Fifth Circuit certified questions to the Texas Supreme Court concerning application of Texas' concurrent causation doctrine to a roof damaged by hail but also by wear and tear, and whether the insured has the burden to allocate between the covered loss and the uncovered loss, and whether the insured can satisfy this burden by attributing one hundred percent of the loss to the covered peril.

commercial property policy, hail damage, concurrent causation, covered loss, uncovered loss, burden to allocate, wear and tear, Fifth Circuit, certified questions

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