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Blue v. Allstate Vehicle and Property Insurance Co.

Court: SD Tx  12/09/2019  District Court Stays Case Following Dismissal of Misrepresentation Claims and Orders Parties to Submit Damages to Appraisal Process

The court determined that the insured's claims lacked sufficient factual allegations for misrepresentation cause of action but granted leave to amend the pleading to comply with the federal pleading standard. The court also addressed the insurer's opposition to the insured's demand for appraisal, rejecting the argument that the insured waived the right to appraisal by delaying the demand and sending the parties to appraisal.

homeowner'sinsurance policy, Hurricane Harvey, motion to dismiss, FRCP 9(b), Rule 9(b), FRCP 12(b)(6), Rule 12(b)(6), Texas Insurance Code, 541.060(a)(1), misrepresentation, federal pleading standard, motion for protection, appraisal

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