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Berkley Nat’l Insurance Co. v. Orta-Gonzalez (II)

Court: WD Tx  01/13/2024  Court Overrules Parties' Objections and Adopts Magistrate's Report and Recommendation

A court for the Western District of Texas adopted the Magistrate Judge's Report and Recommendation over the objections of both parties, denying the insured's motion to dismiss based on lack of diversity and the duty to defend, but granting its motion to dismiss with respect to the insurer's duty to indemnify.

Automobile insurance, duty to defend, duty to indemnify, motion to dismiss, ripeness, subject matter jurisdiction, failure to join party, FRCP 12(b)(1), FRCP 12(b)(4), FRCP 12(b)(5), FRCP 12(b)(6), FRCP 12(b)(7)

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