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CapLOC, LLC v. Liberty Mutual Insurance Europe Ltd.

Court: ND Tx  06/22/2021  District Court Issues Mixed Order on Motion to Dismiss Insured Financial Institution Claims

The court found that the viability of the insured's breach of contract claims was dependent on a choice-of-law determination for which insufficient evidence existed to issue a decision. Nevertheless, the court dismissed some of the insured's extra-contractual claims based on the lack of allegations sufficient to establish a claim for relief.

financial institutions insurance policy, fidelity, mortgage fraud, breach of contract, notice limitation, suit-filing limitation, motion to dismiss, choice of law, extra-contractual claims, Texas Insurance Code

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