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Horton v. Allstate Vehicle and Property Insurance Co.

Court: 5th Cir  11/13/2023  Fifth Circuit Holds Application of Cosmetic Damage Exclusion a Question of Fact

The Fifth Circuit Court of Appeals reversed summary judgment granted by district court in favor of homeowners insurer on application of cosmetic damage exclusion to hail damage claim, finding some expert testimony overlooked by district court that damage to roof was functional created a "battle of the experts" presenting a question for the jury.

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