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Ironwood Building II, Ltd. v. Axis Surplus Insurance Co.

Court: WD Tx  03/13/2020  Fact Issue as to Whether Hail and Tornado Damages were the Result of Concurrent or Independent Causes

After an insured submitted a claim for roof damages resulting from a tornado, damage from a previous hail storm was discovered, and a Court of the Western District of Texas denied the insured's and the insurer's cross-motions for summary judgment on covered damages, finding that, if tornado and hail damage was concurrent, then the insured failed to segregate such damages, but if the causes were independent, then the insured would not bear the same burden; thus, fact issues precluded summary judgment.

commercial property insurance policy, hail damage, tornado damage, replacement costs, concurrent causes, independent causes, duty to segregate, summary judgment, question of fact

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