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St. Pierre v. Dearborn National Life Insurance Co.

Court: WD Tx  05/28/2020  Court Grants Life Insurer's Motion to Dismiss All of Beneficiary's Claims Without Leave to Amend

An employee of the City of El Paso sought benefits for the death of her husband as a putative insured dependent under a life insurance policy, but because insured failed to submit Evidence of Insurability in connection with the issuance of coverage, coverage for husband's life was not provided; thus, employee's claims under the Texas Insurance Code and the DTPA and for promissory estoppel were subject to dismissal and leave to amend to state cognizable claims was denied because of undue delay in failing to state a claim.

life insurance policy, evidence of insurability, dependent coverage, FRCP 12(b)(6), motion to dismiss, Texas Insurance Code claims, DTPA, promissory estoppel, leave to amend, undue delay

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