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Sustainable Modular Management, Inc. v. The Travelers Lloyds Insurance Co.

Court: ND Tx  06/14/2022  Court Dismisses Insured's Fraud And Misrepresentation Claims but Contractual and Extra-Contractual Claims in Builder's Risk Mold Dispute Survive

A court of the Northern District of Texas granted in part an insurer's motion for summary judgment, dismissing insured's misrepresentation and fraud claims, but denied the insurer's motion with respect to its contract, and 541.060(a)(7) claims, finding that a fact issue remained on whether insurer conducted reasonable investigation, whether exclusions voided coverage, and whether insured could properly segregate damages under concurrent causation doctrine.

builder's risk policy, "all risk" policy, extracontractual, contractual, mold, water damage exclusion, defective workmanship exclusion, fungus exclusion, segregation of damages, concurrent causation, bona fide dispute,

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