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MALLEY v. ALLSTATE TEXAS LLOYDS

Civil Action No. 1:03-CV-1408.

347 F.Supp.2d 346 (2004)

Michael MALLEY, Plaintiff, v. ALLSTATE TEXAS LLOYDS and John Albritton, Defendant.

United States District Court, E.D. Texas, Beaumont Division.

November 29, 2004.

Attorney(s) appearing for the Case

John Stephen Morgan, Lindsay & Morgan, Beaumont, TX, for Plaintiff.

Ronald J. Restrepo, Stephen Howard Lee, Doyle Restrepo Harvin & Robbins, Houston, TX, for Defendant.

ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

CLARK, District Judge.

Plaintiff Michael Malley ("Malley") had a Texas Dwelling Policy Form-3, insuring a house he owned in Beaumont, Texas. The house was damaged by plumbing leaks in the foundation during a 1999 freeze. Allstate tendered a check for $30,450 to repair the foundation and related damage shortly thereafter. There were subsequent claims of water damage and mold in the residence and Allstate...

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