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Lewis v. Safeco Insurance Co. of Indiana

Court: ND Tx  04/05/2021  Payment by Insurer to Insured and Mortgagee Constitutes Claim Under Chapter 542A

After an insurer made proper election of adjuster's liability under Texas Insurance Code Chapter 542A and the adjuster filed a motion to dismiss, the insured argued that the payment under the insurance policy to the insured and the mortgagee of the home did not qualify as a "claim" under Chapter 542A because the payment was not made directly to the insured, which the Court rejected and granted the adjuster's motion to dismiss.

homeowners insurance policy, removal, diversity, motion to dismiss, Tex. Ins. Code Ch. 542A, claim, direct payment

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