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Davis v. Homeowners of America Insurance Co.

Court: Tx 5-Dallas  05/31/2023  Court Reverses Ruling For Insurer on Rule 91a Motion

A Texas appellate court reversed the district court's granting of an insurer's motion to dismiss under Texas Rule of Civil Procedure 91a on a limitations defense pursuant to a homeowner's policy, holding that Rule 91a is not the proper procedural avenue for summary disposition of limitations, particularly where the the insurer did not plead the defense.

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