Cases

St. Mark’s United Methodist Church v. Church Mutual Insurance Co.

Court

SD Tx

Publish Date

02/02/2026
A court of the Southern District of Texas granted in part an insurer’s motion to strike, further finding that because the insured’s expert opinions were unreliable when he failed to consider alternative causes, the insured had no evidence to rebut the insurer’s evidence that the alleged roof damage fell within the policy’s cosmetic and long-term wear and tear exclusions, thus requiring that the court grant the insurer’s motion for summary judgment.
commercial property policy, hail claim, cosmetic damage exclusion, wear and tear exclusion, expert evidence, FRE 702, motion to strike, causation expert, consideration of alternative causes, motion for summary judgment, FRCP 56, independent injury rule, alleged fraud, standard of proof for fraud