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Generation Trade, Inc. v. Ohio Security Insurance Co.

Court: ND Tx  08/06/2019  District Court Grants Motion to Reconsider Summary Judgment on Question of Allocation

Granting insured's Motion to Alter or Amend Judgment and/or for Reconsideration, a Court of the Northern District of Texas held that it did not commit manifest error in granting a property insurer's motion for summary judgment on grounds that the insured could not meet its burden to allocate damages to property period where evidence was insufficient to demonstrate damage resulted from storm during insurer's policy period but that newly discovered evidence of testimony concerning the condition of the roof prior to the policy period created a genuine dispute of material fact.

property insurance policy, hail damage, burden to allocate covered damages, burden of proof, summary judgment, motion to reconsider, manifest error

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