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New York Inn. d/b/a Viva Inn Motel v. Associated Industries Insurance Co., Inc.

Court: ND Tx  06/23/2023  Bankruptcy Court Recommends Granting Insurer’s Motion for Summary Judgment Regarding Concurrent Causation

A bankruptcy court for the Northern District of Texas recommended that the district court grant a motion for summary judgment in a Chapter 11 adversary proceeding regarding a freeze claim under a commercial property policy, holding that where the insured presents invoices that do not distinguish between covered and non-covered damages, the insured has not met its burden to provide the fact-finder with a reasonable basis to award policy benefits under the concurrent cause doctrine.

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