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Ibarra v. Allstate Fire & Casualty Insurance Co.

Court: WD Tx  06/16/2020  Insured's Breach of Contract Claim for UIM Benefits Found Premature

Auto insurer's motion to dismiss an insured's breach of contract claim for UIM benefits was granted where insured had not obtained judgment against the alleged tortfeasor; thus, a declaratory judgment claim was the insured's only ripe claim under Texas law.

automobile liability insurance policy, uninsured motorist benefits, UIM, motion to dismiss, declaratory judgment action, breach of contract, ripeness

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