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Marina Club Condominium Association v. Philadelphia Indemnity Insurance Co.

Court: WD Tx  11/07/2022  Property Insurer Not Entitled to Summary Judgment in Concurrent Causation Dispute

A court for the Western District of Texas granted in part an insurer's motion for summary judgment, dismissing the insured's Chapter 541 claims because the record presented only a bona fide dispute, but denied the motion as to the insured's breach of contract and Chapter 542 claims for hail damage in light of the Fifth Circuit's ruling regarding concurrent causation in Advanced Indicator and Mfg., Inc. v. Acadia Ins. Co., 50 F. 4th 469 (5th Cir. 2022).

commercial property policy, Advanced Indicator, Frymire, Overstreet, concurrent causation, segregation of damages, bona fide dispute, bad faith, Chapter 541, Chapter 542, breach of contract, hail damage

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