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9520 Homestead, LLC v. Westchester Surplus Lines Insurance Co.

Court: SD Tx  11/06/2019  District Court Grants Insurer's Motion to Dismiss Insured's Bad Faith, Prompt Payment of Claims and Breach of Contract Actions

The court found that the insured did not provide any specific allegations pertaining to the alleged bad faith conduct committed by the insurer's adjuster, only cited the elements of a violation of Chapter 542 without any supporting facts, and only included conclusory allegations pertaining to its breach of contract claim without specifying the provisions of the policy that were breached or the damages suffered.

homeowner's insurance policy, Hurricane Harvey, motion to dismiss, FRCP 8, FRCP 12(b)(6), failure to state a claim upon which relief can be granted, bad faith, Chapter 541, Chapter 542, breach of contract, FRCP 9(b), heightened pleading standard

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