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Buchholz v. Crestbrook Insurance Co.

Court: WD Tx  03/31/2021  Motion to Dismiss Insurance Code Misrepresentation Claim Denied

A Magistrate of the Western District of Texas recommended that a homeowner insurer's motion to dismiss an insured's Texas Insurance Code claim based on the insurer's misrepresentations be denied because the insured's amended petition no longer stated such a claim.

homeowners insurance policy, motion to dismiss, FRCP 12(b)(6), Tex. Ins. Code Sec. 541.003, amended petition, failure to state a claim

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