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Ochoa v. Allstate Fire & Casualty Insurance Co.

Court: WD Tx  05/05/2020  Insurer's Motion to Dismiss UIM Action Denied but Extracontractual Claims Abated

A court of the Western District of Texas denied auto insurer's motion to dismiss an insured's claims for UIM benefits, finding that an insured can litigate the issue of UIM coverage via a declaratory judgment action without first obtaining a judgment against the tortfeasor, but the court held that the insured's extracontractual claims should be abated where success of such claims is largely contingent on the UIM liability judgment.

automobile liability insurance policy, uninsured motorist benefits, motion to dismiss, declaratory judgment action, breach of contract, extracontractual claims, motion to sever and abate

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