Claudia Ayoub v. Chubb Lloyds Ins Co of Tex

GREGG COSTA, Circuit Judge: **

The principal question presented in this dispute over a homeowner’s insurance policy is whether a section of the policy setting forth a “reconstruction cost less depreciation” standard for dwelling loss is a coverage provision, on which the insured has the burden of proof, or a limitation of liability-provision, on which the insurer has the burden. We also have to decide how insureds can prove market value under Texas law for personal items which may have no such thing. For the reasons discussed below, wé find that summary judgment in favor of the insurer was not…