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UGM of Dallas, Inc. v. Harleysville Insurance Co.

Court: ND Tx  06/29/2022  Non-Diverse Adjuster Can Be Individually Liable Under Sec. 541.060(a)(2), Remand Granted

A court of the Northern District of Texas remanded a hail damage case involving claims against an adjuster, holding that the heightened pleading standard of FRCP 9(b) does not apply to Tex. Ins. Code Sec. 541.060(a)(2) because it is not a fraud-based claim and because an adjuster can be individually liable under Sec. 541.060(a)(2).

improper joinder, 541.060(a)(2)(A), fair notice standard, FRCP 9(b), FRCP 8(a), diversity, remand, claims against adjuster, fraud-based claims, heightened pleading standard

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