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Carr Enterprises Inc. v. Acadia Insurance Co.

Court: ED Tx  03/30/2022  Applying Heightened Pleading Standard of FRCP 9(b), Court Partially Dismisses Insured's Extra-Contractual Claims

Applying the heightened pleading standard of FRCP 9(b), a court of the Eastern District of Texas dismissed some, but not all, of insured's extra-contractual claims against commercial property insurer, but allowed the insured leave to replead.

commercial property policy, motion to dismiss, failure to state a claim, bad faith, DTPA, Texas Insurance Code, misrepresentations, FRCP 9(b)

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