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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.

homeowner's insurance policy, windstorm, breach of contract, physical loss, cost of repair, genuine issue of material fact, extracontractual claims, Chapter 542, Texas Insurance Code, duty of good faith and fair dealing, bona fide dispute, bad faith, DTPA

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