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Agee v. Hartford Accident and Indemnity Co.

Court: ND Tx  12/21/2022  Court Conditionally Grants Insurer's Motion to Dismiss Where Insured Failed to Seek Declaratory Relief in UIM Dispute

A court of the Northern District of Texas granted an insurer's motion to dismiss in UIM dispute, but granted insured leave to replead declaratory relief as to the underlying tortfeasor's liability and underinsured status.

declaratory relief, UIM, independent injury, Brainard, Menchaca, 12(b)(6)

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