In Beaumont Preservation Partners, LLC v. International Catastrophe Insurance Managers, LLC, 2011 WL 6707287 *6-*9, *9 (E.D. Tex. USMJ Report and Recommendations Filed October 6, 2011), Download Beaumont Preservation Ptrs., LLC v. International Catastrophe Insurance Mgrs., LLC (E.D. Tex. Report and Recco of USMJ Oct. 6, 2011) PUBLIC ACCESS, a U.S. Magistrate Judge in Texas recommended, id. at *9, that the Federal District Judge rule that differing Expert Testimony on the existence and extent of Hurricane Ike Wind Damage, provides a Jury Question on Bad Faith Denial of a Commercial First-Party Property Claim.
The Federal District Judge recently agreed with this recommendation and adopted the Magistrate Judge's Report, in 2011 WL 6709920 (E.D. Tex. December 12, 2011, Order of U.S. District Judge Adopting Report and Recommendation of USMJ).
In other words, the conflicting evidence available on the underlying claim for Coverage in this peculiar case made the Bad Faith Claim a Jury Issue in this case.
This was one of many interesting rulings and recommendations in this Texas case. Some will be posted further here and on Insurance Claims and Issues Web Log.
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