5th Circuit: Court Erred In Failing To Address Expert Testimony As To Roof Damage

Mealey's (November 14, 2023, 12:37 PM EST) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Nov. 13 held that a lower federal court erred when it did not address the insured’s expert testimony that his roof suffered functional damage and, therefore, there is a question of fact as to whether the insured’s damage was cosmetic or functional, reversing, vacating and remanding the lower court’s judgment in favor of a homeowners insurer in a coverage dispute stemming from the insurer’s denial of coverage for wind and hail damage....