A court for the Western District of Texas denied the insurer's motion for partial summary judgment, holding that the insurer's argument that it compensated the insureds in accordance with the "actual cash value" portion of the policy's Loss Settlement Clause was not a substantive argument that it did not breach the policy, the insureds could present some evidence of damages even though their experts were disqualified because the experts could provide testimony as fact witnesses, and the insureds' failure to allege an independent injury was not fatal to their claim for additional damages.
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