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Landmark American Insurance Co. v. Millennium Realty Investors, LLC

Court: ND Tx  04/08/2021  District Court Denies Motions to Dismiss and Stay Coverage Action Following Payment of Claim

The court found that the insured's post-settlement invocation of appraisal may be invalid and ultra vires, so dismissing the action or staying it pending appraisal would cause ongoing injury to the insurer.

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