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Claypool v. Steadfast Insurance Co.

Court: WD Tx  06/29/2020  Insurer's Motion to Dismiss Denied but Abatement Granted

A Magistrate of the Western District of Texas recommended that a commercial auto insurer's motion to dismiss an insured's claims for attorneys' fees be denied because the insured seeking UIM benefits adequately pleaded basis for recovery under Texas substantive law, but the insurer's motion to abate the insured's Texas Insurance Code claims should be granted until coverage is determined, though severance was not required.

commercial automobile liability insurance, UIM claim, auto accident, attorney's fees claim, Texas Insurance Code Section 541 claims, motion to dismiss, motion to sever and abate, declaratory judgment

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