A court of the Northern District of Texas denied an insurer’s motion to strike Plaintiff’s experts but granted in part the insurer’s motion for summary judgment as to certain extra-contractual claims, holding that the insured had met its burden under Rule 702 as to the experts, that summary judgment on the breach of contract claim is precluded where a fact issue remains as to whether uniformity of color falls within the definition of “like kind and quality,” and that a bona fide dispute precludes recovery under most of the insured’s extra-contractual claims, but that the bona fide dispute doctrine does not preclude recovery under Sec. 541.060(a)(3) (failure to provide a prompt and reasonable explanation) and Sec. 541.060(a)(4) (failing within a reasonable time to…affirm or deny coverage).
homeowners policy, bona fide dispute, Chapter 541, color matching, roofing tiles, uniformity of color, like kind and quality, motion to strike, FRE 702
