A court of the Northern District of Texas resolved cross-motions for summary judgment in a commercial hail damage dispute involving a cosmetic damage exclusion, holding that fact issues remain as to whether the damage is excluded cosmetic damage, whether the insured is entitled to replacement cost benefits, and whether the insurer violated Chapters 541 and 542 of the Texas Insurance Code, but that one defendant insurer should be dismissed from the lawsuit because the insured does not have contractual privity with that insurer.
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