Insured, Insurer Fail To Meet Summary Judgment Burden In Hailstorm Suit, Panel Says

Mealey's (February 21, 2020, 2:15 PM EST) -- FORT WORTH, Texas — A Texas appeals panel on Feb. 20 held that an insured and her homeowners insurer failed to meet their summary judgment burden in the insured’s lawsuit stemming from hail damage, finding that the insurer did not meet its burden to prove the applicability of a policy exclusion and that the insured did not conclusively prove her claim under the Texas Prompt Payment of Claims Act as a matter of law (Jerlene Tippett v. Safeco Insurance Company of Indiana, No. 02-19-00152, Texas App., 2nd Dist., 2020 Tex. App. LEXIS 1453)....