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Ross v. Hartford Lloyds Insurance Co.

Court: ND Tx  07/04/2019  District Court Grants Insurer's Summary Judgment on Exterior Damages but Finds a Genuine Issue of Material Fact Regarding the Value of Interior Damage Following a Windstorm

The Court found that the insured was not entitled to replacement of her entire roof because only a portion actually suffered "physical loss," but the insured did present sufficient evidence of a fact issue pertaining to interior damage to the home, as well as a fact issue as to whether the insurer violated Chapter 542 of the Texas Insurance Code. No bad faith or other extracontractual claims survived because there was a bona fide dispute as to the amount necessary to cover the loss.

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