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Platinum Trophy Hunts LLC v. Philadelphia Indemnity Insurance Co.

Court: WD Tx  12/19/2022  Magistrate Recommends Partial Dismissal of Insured's Extra-Contractual Claims in Commercial Hail Damage Dispute

A magistrate of the Western District of Texas recommended that the district court partially dismiss an insured's extra-contractual claims in a hail damage dispute, finding that the insured's claims as pleaded for post-loss misrepresentations, failure to promptly provide a reasonable explanation of the basis in the Policy, and retaliatory non-renewal are not actionable, but that the insured pleaded sufficient facts for common law bad faith and other Chapter 541 claims.

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