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Realpage, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA

Court: ND Tx  04/01/2020  Motion to Dismiss Prompt Payment Claims under Commercial Crime Policy Denied

An insurer under a Commercial Crime Policy, which contained Insuring Agreements for Computer Fraud, Funds Transfer Fraud, and Employee Theft, sought dismissal of its insured's claims under the Texas Prompt Payment of Claims Act on the grounds that the Act does not apply to fidelity bonds, but the Court denied the motion and agreed with the insured that the policy contained multiple insuring agreements and was not clearly synonymous to a fidelity bond; thus, the insured's prompt payment claims were plausible.

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