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Oderbert v. State Farm Lloyds

Court: ND Tx  07/20/2021  Court of the Northern District Finds Insurance Code Claim that Tracks Statutory Language Sufficiently Pled; Remand Granted

A court of the Northern District of Texas granted insured homeowner's motion to remand, finding claims for violations of the Texas Insurance Code and for fraud against adjuster were sufficiently pled to avoid dismissal, despite the Code claim tracking the pertinent statute and by applying the heightened pleading standard of FRCP 9(b) only to the fraud claim, which the court also found was sufficiently pled without any description of the "who, what, when, where and how" facts normally required.

homeowners insurance policy, removal, diversity, motion to remand, improper joinder, claims against adjuster, diversity, subject matter jurisdiction, FRCP (9)(b), Tex. Ins. Code Sec. 541 claims, fraud

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