Factual Disputes As To Rat Feces

Parker’s Beetle “really” wanted to come inside during the 2021 freeze.

This is an insurance coverage case. Judge Durrett recommended granting the defendant’s motion for partial summary judgment in part, finding that the defendant was entitled to summary judgment as to any and all claims against Defendant for claimed losses related to trees, shrubs, or landscaping or pool damage due to the 2021 winter freeze, as well as their claims for breach of the duty of good faith and fair dealing, claims under the Texas Insurance Code, but that there was a fact issue with regard to the rat feces and the Texas Prompt Payment Act claim.

The opinion is good for standards, especially with a relatively new judge, but is also a useful reference on various insurance coverage-related claims, and the proof necessary to maintain a claim, even at the summary judgment stage.

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