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Loya Cas. Insurance Co. v. Certain Underwriters at Lloyds, London

Court: WD Tx  03/06/2024  Court Grants Partial Summary Judgment in Part and Denies it in Part

Where professional liability insurer did not amend pleading to remove claim for rescission despite concession that insured did not make material misrepresentation, a court for the Western District of Texas determined it was proper to grant summary judgment in favor of the insurer on the issue of waiver of affirmative defense, and also denied insured's motion for summary judgment because evidence established a genuine issue of material fact regarding insured's knowledge of ongoing or known loss.

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