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J.R. Argo v. USAA Casualty Insurance Co.

Court: Tx 1-Houston  08/10/2023  Court Affirms Summary Judgment for Insurer on Limitations Grounds After Insured Serves Related But Separate Company

The Court of Appeals said that the insured had not met its burden of establishing an equitable exception to the misidentification rule when a legally separate but related company is mistakenly served with process; specifically, that the correct company had actual notice of the lawsuit, even though the evidence showed that the related companies shared an agent for service of process and a law firm and moreover, the lawsuit petition had identified the correct company.

homeowner's insurance, misnomer, misidentification, separate legal entities, statute of limitations, equitable tolling doctrine, actual notice

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