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Irving v. Meridian Security Insurance Co.

Court: ND Tx  12/30/2021  Court Denies Remand and Grants Non-Diverse Defendants' Motion to Dismiss for Failure to State a Claim

A court of the Northern District of Texas denied an insured's motion to remand and granted an insurance agent's and broker's motion to dismiss claims against an adjuster where the insurer had elected to accept the adjuster's liability under Tex. Ins. Code Sec. 542A.006(c), and against non-diverse insurance agent and broker because the claims were not ripe where premised on the contingency of a finding of no coverage under a homeowner's policy.

homeowner's policy, improper joinder, 542A.006, ripeness, 12(b)(6), broker defendant, agent defendant, adjuster defendant, motion to dismiss, motion to remand

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