Cases

A court of the Southern District of Texas granted in part a property insurer’s motion for summary judgment, holding a fact dispute precluded summary judgment on the insured’s breach of contract claim but narrowing the scope of recovery to actual cash value under the terms of the policy based on the age of the subject roofs; holding that an expert dispute precluded summary judgment on cause of loss and under the concurrent cause doctrine; holding a fact dispute precluded summary judgment on the insured’s Prompt Payment Act claims solely on the timing of payment; and holding a bona fide coverage dispute required dismissal of the insured’s bad faith and DTPA claims.