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Overstreet v. Allstate Vehicle and Property Insurance Co.

Court: 5th Cir  05/19/2022  Fifth Circuit Certifies Questions to Texas Supreme Court on Concurrent Causation (Again)

The Fifth Circuit certified three questions to the Texas Supreme Court on concurrent causation in the context of property damage claims, including (1) whether the concurrent causation doctrine applies where there is any non-covered damage but which did not contribute to the specific loss; (2) who has the burden of proof; and (3) whether the insured can meet such burden of proof with evidence that the covered peril caused the entire loss.

property policy, hail damage, wear and tear, concurrent causation, burden of proof, certified questions

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