Texas Federal Judge Denies Insurer Summary Judgment on Hail Damage Claim

WACO, Texas — A Texas federal judge has denied an insurer’s motion for summary judgment on breach of contract claims in a hail damage case, finding there are questions of fact as to whether the loss falls within the policy’s “cosmetic damage” exclusion.

However, in an April 7 order, Judge Robert Pittman of the U.S. District Court for the Western District of Texas awarded the insurer summary judgment on the policyholder’s bad faith claim, finding the carrier had a reasonable basis upon which to deny the coverage claim.

Stephen Hahn owns a commercial property in Killeen, Texas, whose roof was …