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Page v. State Farm Life Insurance Co.

Court: WD Tx  03/10/2022  Magistrate Recommends Insurer's Motion For Summary Judgment be Granted in Part In Life Insurance Class Action

A magistrate of the Western District of Texas recommended that life insurer's motion for summary judgment be granted in part, holding that the economic-loss rule bars the insured's claim for conversion, but recommended denial of the insurer's motion concerning the insured's claims for breach of contract, breach of the duty of good faith and fair dealing, violations of the Texas Insurance Code, violations of the Texas Deceptive Trade Practices Act, and for declaratory and injunctive relief, holding that provisions of the policy are not unambiguous as a matter of law, and that the economic-loss rule does not bar the insured's claims of misrepresentation.

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