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Spih Tyler, LLC v. Liberty Mutual Insurance Co.

Court: ND Tx  08/17/2018  In a Series of Three Decisions, District Court Grants Insurers' and Insurance Agent's Motions to Dismiss

The Northern District of Texas granted insurers' motions to dismiss hotel's lawsuit against them because builder's risk insurance did not cover owner's claims against builder for construction defects and a direct action could not survive against a commercial liability insurer. WIth regard to the agent, the plaintiff failed to allege facts sufficient to support a claim under the Texas Insurance Code.

builder's risk insurance, commercial general liability policy, agent, broker, insured contractor, construction defect, direct action, motion to dismiss, Texas Insurance Code claims

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