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In Re: Geico County Mutual Insurance Co.

Court: Tx 5-Dallas  12/22/2022  Court Abused Its Discretion By Recognizing Exception to Direct Action Rule For Rental Car Company

The appellate court concluded that the auto insurer was not estopped from asserting that the rental car company was not its insured even if it had charged the rental company a deductible when it paid the rental company for damage to its property caused by the named insured driver and made statements indicating that it was treating the payment as a first-party payment and therefore, the rental car company's claims against the insurer were barred by the direct action rule.

auto insurance, direct action, rental car, 91a, motion to dismiss, mandamus, abuse of discretion,

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