Valleyview Church of the Nazarene v. Church Mutual Insurance Co.
A court of the Northern District of Texas denied an insurer's motion for summary judgment, holding that where the parties have admitted causation is at issue, insurer is not entitled to summary judgment on concurrent-causation grounds where both parties concede a material fact issue exists as to whether a storm within the policy period caused functional damage to the insured property and where the court cannot evaluate which damage is covered or excluded under the policy.
commercial property policy, breach of contract, Chapter 541, Chapter 542, DTPA, duty of good faith and fair dealing, cosmetic damage exclusion, concurrent causation, segregation of damages
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