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Tchakarov v. Allstate Indemnity Co.

Court: ND Tx  10/22/2021  Court Grants Insurer's Motion for Summary Judgment on All Claims For Failure to Segregate Loss

A court of the Northern District of Texas granted homeowners insurer's motion for summary judgment on all of insured's contractual and extra-claims arising out of hail damage claim, finding that insured failed to meet its burden to segregate between covered and excluded causes of loss.

homeowners insurance policy, hail damage, motion for summary judgment, duty to allocate, duty to segregate, concurrent causation, FRCP 12(b)(6), breach of contact, extra-contractual claims, Tex. Ins. Code Sec. 541 claims, common law fraud

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