Summary
holding that "failure to allocate damages between those that resulted from covered perils and those that did not is fatal to Allison's claim. Accordingly, summary judgment should be granted to Allstate on the breach[-]of[-]contract claim"
Summary of this case from Seim v. Allstate Tex. LloydsOpinion
Civil Action No. 4:16-cv-00979-O-BP
10-31-2017
GARY ALLISON, AS INDEPENDENT EXECUTOR OF THE ESTATE OF BARBARA ALLISON Plaintiff, v. ALLSTATE TEXAS LLOYD'S Defendant.
ORDER ACCEPTING FINDINGS , CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. No objections were filed, and the Magistrate Judge's recommendation is ripe for review. The District Judge reviewed the proposed findings, conclusions, and recommendation for plain error. Finding none, the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
Accordingly, it is ORDERED that Defendant's Motion for Summary Judgment (ECF No. 35) is GRANTED. Final judgment in this case will issue by separate order.
SO ORDERED on this 31st day of October, 2017.
/s/ _________
Reed O'Connor
UNITED STATES DISTRICT JUDGE