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Polinard v. Covington Specialty Insurance Co.

Court: WD Tx  03/28/2022  Court Grants in Part Insurer's Motion To Amend Answer To Include Counterclaim For Declaratory Relief

A court of the Western District of Texas granted in part a defendant insurer's motion to amend its answer to include a counterclaim for declaratory relief, holding that where the allegedly insured plaintiff has only pleaded tort claims, an insurer may counterclaim for declaratory relief regarding its contractual duties, but court denied the insurer's request to amend its answer to include any claim for attorney's fees.

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