Horton v. Allstate Vehicle and Property Insurance Co.
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.
homeowners policy, hail damage, roof damage, metal roof, summary judgment, expert testimony, battle of the experts, fact question, cosmetic damage exclusion, functional damage
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