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Umang Residency LLC v. Tri-State Insurance Co. of Minnesota

Court: WD Tx  06/30/2020  Bona Fide Coverage Dispute Supports Summary Judgment for Insurer on Extracontractual Claims

A Magistrate of the Western District of Texas recommended that a commercial property insurer's motion for summary judgment on an insured's bad faith claims should be granted because of the existence of a bona fide coverage dispute, but the insured's breach of contract and prompt payment claims should survive where the summary judgment evidence did not conclusively establish that the damage to the insured's property did not result from a covered loss.

commercial property insurance, storm damage, Hurricane Harvey, wear and tear, actual cash value, replacement costs, motion for summary judgment, breach of contract, Texas Insurance Code Section 542, bad faith, negligent claims handling, DTPA, bona fide coverage dispute

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