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Garza v. Travelers Casualty Insurance Co. of America

Court: SD Tx  04/24/2019  Court Denies Insured's Motion to Remand Based on Direct Action Rule but Abates Case in Favor of Underlying Litigation

Court determines that Brainard mandated appropriatd standard in determining UIM coverage, rather than direct action rule, and that case should be abated until the conclusion of underlying litigation.

automobile liability insurance policy, underinsured motorist, UM/UIM, direct action, motion to remand, Brainard, abatement

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