Park Board, Ltd. v. State Farm Automobile Insurance Co.

Court: SD Tx  08/12/2019  Court Applies Ortiz in Denying Insurer's Motion to Dismiss Following Payment of Appraisal Award

Court finds that insured sufficiently stated potential claim for injury independent of appraisal award to justify denial of insurer's Motion to Dismiss for failure to state a claim.

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extra-contractual claimsbreach of contractmotion to dismisshomeowners insurance policyappraisal awardindependent injurytimely noticeOrtizreplacement cost coverage

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