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Riverstone Corporate Capital Limited v. Frank Swingle & Assoc., Inc.

Court: ND Tx  08/03/2021  Court Denies Insurance Broker's Motion to Dismiss Insurer's DTPA and Negligent Misrepresentation Claims

A court of the Northern District of Texas denied insurance broker's motion to dismiss, finding commercial property insurer's claims against broker for negligent misrepresentation and for violations of the DTPA concerning broker's representations about the number of rental units at an insured condominium community were not barred by the voluntary payment doctrine and that insurer's DTPA claims asserted via Texas Insurance Code Ch. 541 did not require insurer to qualify as a "consumer."

commercial property policy, condominium community, fire loss, rental units, negligent representations, DTPA Sec. 17.50(a), Tex. Ins. Code Ch. 541 claims, motion to dismiss, voluntary payment defense, consumer

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