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Janssen v. Allstate Vehicle & Property Insurance Co.

Court: WD Tx  09/14/2021  Court Dismisses Insured's Claims that Fail to Satisfy Heightened Pleading Requirements of FRCP 9(b)

A court of the Western District of Texas granted homeowner insurer's motion to dismiss insured's claims for violations of the Texas Insurance Code, the DTPA and those for fraud, fraudulent concealment or negligent misrepresentation, as such claims are subject to the heightened pleading standards of FRCP 9(b), and the insured failed to allege facts sufficient to support these claims.

homeowners insurance policy, removal, motion to dismiss, FRCP 12(b)(6), FRCP (9)b, heightened pleading standard, leave to replead, fraud, Tex. Ins. Code Ch. 541 claims, Tex. Ins. Code Ch. 542 claims

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