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Kong Properties, Ltd. v. Certain Underwriters at Lloyd’s London

Court: ND Tx  07/07/2020  District Court Grants Summary Judgment for Insured and Denies Insurer's Plea in Abatement in Property Insurance Dispute

The court found that, unlike other policies, the policy in question did not require repair or replacement costs to be incurred before the insurer was obligated to pay the claim in full; rather, the providing of a sworn proof of loss and a written agreement as to the value of the claim was all that was needed for payment to be owed. The court also rejected the insurer's plea in abatement with regard to the insured's Chapter 542A claims, noting that the insurer cited no authority to support its argument that the insured's pre-suit notice was insufficient or that the insured failed to properly allow the insurer to inspect the property.

commercial property insurance policy, hail damage, wind damage, plea in abatement, breach of contract, valuation clause, settlement clause, repaired or replaced

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