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Manchester Texas Finance Group v. Ace American Insurance Co.

Court: WD Tx  12/21/2021  Magistrate Recommends Insurer's Motion to Dismiss Be Granted in Part and Dismissed in Part

A magistrate of the Western District of Texas recommended that an otherwise enforceable forum selection clause within a policy should not be enforced against a non-signatory party for purposes of judicial economy, recommended that a motion to dismiss for lack of standing be granted where there is no evidence that non-signatory party is a third-party beneficiary to a policy, and recommended finding that failure to plead the satisfaction of conditions precedent did not warrant dismissal absent a showing of prejudice by the insurer.

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