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Loya Casualty Insurance Co. v. Certain Underwriters at Lloyds, London

Court: WD Tx  06/28/2022  Insurer's Misrepresentation and Known Loss Counterclaims Survive Motion to Dismiss

In suit for declaratory relief between insurers, a court of the Western District of Texas denied insurer's motion to dismiss the other insurer's counterclaims and affirmative defenses, holding that it pleaded sufficient facts to support claims for misrepresentation and known loss concerning coverage for bad faith claims.

professional liability policy, misrepresentation, known loss doctrine, bad faith, choice of law, FRCP 12(b)

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