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Green v. Allstate Fire and Casualty Insurance Co.

Court: WD Tx  07/01/2019  Breach of Contract Claim Under UIM Policy Survives Motion to Dismiss but Extra-contractual Claims are Abated

After UIM insurer filed motion to dismiss plaintiff's claims for breach of UIM policy and related extra-contractual claims, a court of the Western District of Texas found that plaintiff's breach of contract claim could proceed even where legal entitlement to UIM benefits had yet to be established, finding it was prudent to allow the claim to proceed based on unsettled legal authority but further held that the extra-contractual claims should be abated.

automobile liability insurance policy, uninsured, underinsured, UM/UIM, breach of contract, declaratory judgment, statutory bad faith, common law bad faith, legal entitlement to benefits, motion to dismiss, abatement of extra-contractual claims

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