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Shaban v. United Financial Casualty Co.

Court: WD Tx  01/18/2023  Magistrate Recommends Dismissal of Insured's Contract and Extra-Contractual Claims in UIM Dispute

A magistrate for the Western District of Texas recommended that the district court dismiss all claims under a UIM policy except for the insured's claim for declaratory relief, recognizing that the insured's contract and extra-contractual claims fail where the insured had not pled the existence of a judgment establishing liability and underinsured status.

underinsured motorist coverage, declaratory judgment, extra-contractual, breach of contract

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