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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.

commercial property policy, Chapter 541, actionable misrepresentation, reasonable investigation, effectuate a prompt fair and equitable settlement, reasonable explanation of the basis in the policy, retaliatory non-renewal, 12(b)(6)

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