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Samurai Global, LLC v. Landmark American Insurance Co.

Court: ND Tx  04/26/2024  Competing Motions for Summary Judgment Granted in Part in Commercial Property Damage Dispute Between Property Management Company and Insurer

A court of the Northern District of Texas granted in part and denied in part competing motions for summary judgment in a first-party commercial property damage dispute, rejecting the insurer's argument that the plaintiff property management company lacks an insurable interest in certain insured buildings it does not own and dismissing the insurer's rescission claim where the insurer failed to give the requisite 91-day statutory notice after allegedly discovering a material misrepresentation in an insurance application, but not dismissing the insurer's affirmative defense for alleged misrepresentations under the policy's voidance clause.

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