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Pashsa & Sina, Inc. v. The Travelers Home And Marine Insurance Co.

Court: ND Tx  10/14/2022  Court Finds Non-Diverse Adjuster Improperly Joined

A court of the Northern District of Texas denied remand and dismissed an insured's Chapter 542, breach of the duty of good faith and fair dealing, negligence, and misrepresentation/fraud claims against non-diverse adjuster, holding that Chapter 542 cannot apply to adjusters, common law bad faith requires a contract, and that plaintiff insufficiently pleaded negligence and misrepresentation/fraud claims.

improper joinder, Chapter 542, pleading standard, negligence, fraud, good faith and fair dealing,

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