A magistrate of the Eastern District of Texas recommended the denial of an insurer's motion for summary judgment in a hail damage dispute to a large church, holding that fact issues precluded summary judgment under the policy's "Metal Roofing and Metal Roof Top" exclusion and on the issue of whether the insurer is estopped from denying benefits for code upgrades where the record included evidence that the insurer's actions may have prejudiced the insured.
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