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State Automobile Mutual Insurance Co v. Freehold Management, Inc.

Court: ND Tx  08/22/2019  Court Denies Insured's and Property Insurer's Cross-Motions for Summary Judgment on Storm Claim

A court of the Northern District denied commercial insurer's motion for summary judgment on insured's counterclaims for breach of contract and extra-contractual claims, and denied insured's motion for summary judgment on commercial insurer's affirmative defenses to insured's counterclaims in dispute concerning coverage for storm damage to insured's shopping center, finding genuine disputes of material fact where both parties' motions depended on expert testimony which should be initially addressed by Daubert motions before trial.

commercial insurance, summary judgment, breach of contract, insurance code claims, DTPA, duty of good faith and fair dealing, failure to mitigate, damage outside policy period, faulty maintenance, storm damage, Daubert

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