Hail damage claims are a frequent source of litigation. The insured says the damage occurred in the last storm. The insurance company says the damage is wear and tear or occurred in another storm under a different insurance policy.
The argument about when and how the hail damage occurred generally deals with the legal question known as “concurrent causation.” This is discussed in a 2022, opinion from the Western District of Texas, Austin Division. The opinion is styled, Marina Club Condominium Association vs. Philadelphia Indemnity Insurance Company.
This is a summary judgment opinion. Plaintiff has sued for breach of contract and for insurance code violations. The Court ruled in favor of Defendant on the insurance code violations but denied the summary judgement for the breach of contract claim.