Cases

Cleburne Training & Fitness, Inc. v. Church Mutual Insurance Co.

Court

ND Tx

Publish Date

04/10/2025
A court of the Northern District of Texas granted in part an insured’s motion to exclude the testimony of multiple experts in a hail damage dispute centered upon a cosmetic damage exclusion, finding that the experts did not apply an extracontractual definition of functional damage, but that the insurer’s disclosure of a lab report one week prior to the close of discovery would prejudice the insured.
commercial property policy, cosmetic damage, functional damage, cosmetic exclusion, extracontractual definition, prejudice, late disclosure