The District Court adopted a Magistrate Judge's recommendation that an insurer's motion to preclude attorneys' fees under Chapter 542A (because the insured failed to provide proper presuit notice) should be denied because the insurer's answer was filed late and without leave of court. The court refused to abate the case, however, noting that, because the insurer did not seek leave to file its answer late, it did not have a live pleading before the court.
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