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Agee v. Hartford Accident and Indemnity Co.

Court: ND Tx  07/18/2023  Extra-Contractual Claims in Underinsured Motorist Coverage Case Dismissed in Part

A court of the Northern District of Texas granted in part an insurer's motion to dismiss claims in an underinsured motorist dispute, holding that where the insured has not pleaded a breach of contract claim and does not allege independent injury, the insured cannot obtain extra-contractual relief under the Texas Insurance Code, but that the insured's claim for loss of consortium should not be dismissed.

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