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Mt. Hawley Insurance Co. v. HCS 410 Holdings, LLC

Court: WD Tx  04/20/2021  Property Insurer Not Entitled to Summary Judgment that Appraisal Award was Based on Fraud or Mistake

A court of the Western District of Texas denied a commercial property insurer's motion for summary judgment on grounds that a appraisal award concerning replacement of roofs damaged by a storm was based on fraud by insured or mistake by the appraiser, finding evidence did not constitute conclusive evidence establishing the insurer had a right to judgment as a matter of law on these defenses.

commercial property insurance, storm damage, repair and replacement costs, appraisal, appraisal award, contract for repair, fraud, fraudulent malpresentation, motion for summary judgment, fact question, declaratory judgment

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