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Anna T. v. Golden Rule Insurance Co.

Court: WD Tx  10/12/2023  Court Denies Insurer's Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim

The District Court held that the insured need only show that her claims "relate to" the insurer's contacts with Texas to prevail on the insurer's 12(b)(2) motion to dismiss, allegations that the insurer denied her claim as not medically necessary were insufficient to meet heightened pleading standard required by 9(b) because they did not relate to policy coverage, and that claim against adjuster for breach of insurance code was viable and survived 12(b)(6) analysis.

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