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Stone v. Nationwide Mutual Insurance Co.

Court: WD Tx  03/02/2022  Magistrate Recommends Insurer's Motion For Partial Dismissal Be Granted

A magistrate OF the Western District of Texas recommended that the district court dismiss Plaintiff's DTPA and Chapter 541 claims against insurer because such claims claims cannot be assigned to a judgment creditor, and further recommended that Plaintiff be granted leave to amend his petition to add a claim under Chapter 542 and to replead his claims for fraud and negligent misrepresentation.

professional liability insurance policy, DTPA, Chapter 541, Chapter 542, negligent misrepresentation, fraud, FRCP12(b)(6), FRCP 9(b)

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