Polinard v. Covington Specialty Insurance Co.
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.
commercial general liability policy, Federal Declaratory Judgment Act,commercial property policy, Texas Insurance Code, DTPA, negligence, negligent misrepresentation, counterclaim
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