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United Property and Casualty Insurance Co. v. Davis

Court: SD Tx  08/28/2019  Court Grants Most of Insurer's Motion for Judgment on Pleadings in Homeowner's Liability Dispute but Denies it on Duty to Defend Issue

The court determined that the insured's counterclaims should be dismissed in declaratory judgment action because insurer's duty to indemnify was not ripe and that insured's extra-contractual claims did not exist, but the insured's counterclaim for breach of the duty to defend survived the insurer's motion.

homeowner's insurance policy, bodily injury, extended or intended injury, motion for judgment on the pleadings, duty to defend, duty to indemnify, ripeness, breach of contract, bad faith, Texas Insurance Code, Texas Declaratory Judgment Act

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