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Landmark American Insurance Co. v. SCD Memorial II, LLC

Court: SD Tx  02/12/2020  District Court Adopts Magistrate Recommendation to Deny Motion to Dismiss, Refusing to Abstain from Jurisdiction Despite Sister Case

Court determines that dismissal and abstention were improper remedies in response to declaratory judgment action brought in competing claims by insurer and insured over Hurricane Harvey damage and finds that summary judgment is the appropriate procedural mechanism for resolving dispute.

commercial property insurance policy, Hurricane Harvey, motion to dismiss, abstention, competing state action, improper conduct, inconsistent outcomes

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