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EC & SM Guerra, LLC v. Philadelphia Indemnity Insurance Co.

Court: WD Tx  10/21/2020  District Court Grants Dismissal of Fraud and Fiduciary Duty Claims, Denies Motion to Strike

The court found that the insured's allegations were insufficient to satisfy the heightened pleading standard required for claims of fraud and did not support a claim for breach of fiduciary duty, resulting in dismissal of such claims; however, the court refused to strike allegations in the insured's complaint pertaining to alleged insurance companies' mistreatment of their policyholders.

commercial property insurance policy, windstorm, appraisal, motion to dismiss, FRCP 12(b)(6), fraud, fraudulent inducement, breach of fiduciary duty, FRCP 12(f), motion to strike

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