Safeco Insurance Must Defend Against Suit Over Hailstorm Damage

Whether hailstorm damage to a roof can be considered cosmetic damage and excluded from an insurance policy remains a jury question, a federal court in Texas ruled.

Charles and Franze Wall sued Safeco Insurance Co. for breach of contract, violations of the Texas Deceptive Trade Practices Act, and fraud in July 2021. Their lawsuit came after an assessment determined that damage to the couple’s metal roof from a 2020 hailstorm wouldn’t be covered by their insurance policy because of the company’s cosmetic damage exclusion.

• Judge Jason Pulliam, of the US District Court for the Western District of Texas, denied Safeco’s ...