A court in the Northern District of Texas accepted a magistrate’s findings in part, granting the insurer summary judgment on the insured’s DTPA claim while allowing the Chapter 542 and breach of contract claims to proceed because the insurer failed to carry its burden of conclusively establishing that a wear and tear or deterioration policy exclusion applied to the storm-related roof and water damage.
homeowner property policy, property damage claim, motion for summary judgment, wear and tear exclusion, DTPA, extracontractual damages, breach of contract, concurrent causation
