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The HUB Texas, LLC v. Arch Specialty Insurance Co.

Court: ND Tx  03/21/2023  Magistrate Recommends Granting in Part Insured's Motion for Summary Judgment on Insurer's Affirmative Defenses in Hail Damage Dispute

A magistrate of the Northern District of Texas recommended granting in part an insured's motion for summary judgment and dismissing multiple affirmative defenses of the insurer in a hail damage dispute, including laches, estoppel, waiver, unclean hands, failure to mitigate, offset, continuous water seepage, and failure of a condition precedent, but denying the motion as to pre-existing damage, faulty workmanship, and wear and tear.

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