Carr Enterprises Inc. v. Acadia Insurance Co.
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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