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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.

commercial property insurance policy, hailstorm, motion to dismiss, appraisal, subject matter jurisdiction, payment of claim, Trejo factors, motion to stay

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