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Singer v. State Farm Lloyds

Court: ND Tx  09/03/2020  District Court Issues Mixed Order on Motion to Dismiss Insured's Claims

The court agreed that certain claims raised by the insured were based on fraud and mistake and, therefore, the insured had to adhere to the heightened pleading standard under Federal Rule 9(b). Because it was the first time the court addressed the merits of the motion to dismiss, the court granted leave to the insured to amend its complaint.

homeowner's insurance policy, property damage, storm damage, motion to dismiss, failure to state a claim, Texas Insurance Code, pleading standard, fraud, mistake, allegations, FRCP 9(b), DTPA, duty of good faith and fair dealing, knowingly, intentionally, damages

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