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Moya v. Allstate Fire and Casualty Insurance Co.

Court: WD Tx  06/03/2021  Court Grants Insurer's Request for Abatement of Extra-Contractual Claims in UIM Dispute

The court found that the insured first had to establish the insurer's liability for UIM benefits before the insured's extra-contractual claims could be adjudicated because none of those extra-contractual claims included an injury independent of and unrelated to the underlying claim for UIM benefits.

automobile liability insurance policy, underinsured motorist coverage, motion to abate, extra-contractual claims

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