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University Baptist Church of Fort Worth v. York Risk Services Group Inc.

Court: 5th Cir  09/10/2019  Fifth Circuit Affirms Dismissal of Insured's Claims against Third-Party Claims Administrator for Failure to State a Claim upon which Relief Could be Granted

The court agreed that the insured failed to allege any facts sufficient to establish that the adjusting company misrepresented a "material fact" about policy coverage, failed to act in good faith in effectuating settlement of the claim, failed to provide a reasonable explanation for denial of a claim (because there was not a claim denial), or refused to pay a claim.

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