Breach Of Contract Claim Proceeds, Bad Faith Claim Fails In Storm Damage Suit

Mealey's (August 31, 2022, 8:36 AM EDT) -- DALLAS — A homeowner’s claim for breach of contract will proceed because a question of fact exists as to whether the homeowners insurer properly excluded coverage for wear-and-tear damages; however, the homeowner’s claim for bad faith cannot proceed because the insured failed to show that the insurer acted in bad faith in handling the insured’s storm damages claim, a Texas federal judge said Aug. 26....