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DFWS, LLC v. Atlantic Casualty Insurance Co.

Court: ND Tx  11/24/2020  Court Dismisses Section 541 Claim; Leave to Amend Granted

A Court of the Northern District of Texas granted in part and denied in part property insurer's motion to dismiss insured property owner's numerous Texas Insurance Code Section 541 claims arising out of a high-wind property loss, finding the insured's Section 541.060(a)(1) claim failed to satisfy the heightened pleadings standards of Fed. R. Civ. P 9(b), but its remaining claims were sufficiently pled or unchallenged, and that insured should be granted leave to replead concerning its Section 541.060(a)(1) claim.

property insurance, high-wind damage, property loss, Tex. Ins. Code Sec. 541 claims, motion to dismiss, FRCP 12(b)(6), FRCP 9(b),

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