Wall v. Safeco Insurance Co. of Indiana
A court of the Western District of Texas denied an insurer's motion for summary judgment on the insured's breach of contract and extra-contractual claims, finding that the insurer had not met its burden of production to show that the subject hail loss fell within the policy's cosmetic damage exclusion and that the insured had presented evidence showing the insurer's conduct was not reasonable.
homeowner's policy, hail damage, cosmetic damage exclusion, burden of production, burden of persuasion,
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