A court for the Western District of Texas held that where there was a genuine coverage dispute after a reasonable investigation, the insurer was entitled to summary judgment that it did not breach the common law duty of good faith and fair dealing, violate the Texas Insurance Code or DTPA, and was not liable for extra-contractual damages for misrepresentation; however it denied the insurer's motion with respect to whether it affirmed or denied coverage within a reasonable time because the insurer did not present argument on this point.
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