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O’Donnell v. Avis Rent A Car System LLC

Court: ND Tx  03/11/2022  Magistrate Recommends Insurer's And Rental-Car Company's Motion For Summary Judgment Be Granted In Suit Brought By Third-Party Claimant And Judgment Creditor

A magistrate of the Northern District of Texas recommended the district court grant an insurer's and rental-car company's motion for summary judgment, finding judgment creditor had standing to bring direct action against liability insurer, but holding such claims for coverage were barred for failure to provide notice where insurer was prejudiced as a matter of law by the adverse judgment, and further recommending the court grant summary judgment on plaintiff's extra-contractual claims because plaintiff's status as a third-party claimant and the economic loss rule precluded those claims as well.

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