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Infinity County Mutual Insurance Co. v. Tatsch

Court: Tx 4-San Antonio  12/23/2020  En Banc Court Remands to the Trial Court Dispute over Applicability of Mechanical Breakdown Exclusion

A divided en banc court reversed and remanded a summary judgment for the insured, finding that neither the insurer nor the insured had provided sufficient evidence in their cross-motions for summary judgment to allow the court to determine if the mechanical breakdown exclusion in a commercial auto policy barred coverage when the damage allegedly resulted from contaminated fuel.

comprehensive commercial auto policy, mechanical breakdown exclusion, fuel, contaminated fuel, engine

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