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Garza v. Allstate Fire and Casualty Insurance Co.

Court: SD Tx  06/10/2020  Court Grants Insurer's Motion to Dismiss Insured's Complaint Based on Menchaca Interpretation

Court grants insurer's motion to dismiss where insured did not allege breach of contract or independent injury as contemplated by Supreme Court's Menchaca decision.

automobile liability insurance policy, underinsured motorist, UIM, motion to dismiss, failure to state a claim, breach of contract, independent injury, extra-contractual claim, Menchaca, mental anguish

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