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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.

commercial property insurance policy, insurance adjuster, adjusting company, claims handling, Texas Insurance Code, Deceptive Trade Practices Act, Rule 12(b)(6), motion to dismiss, de novo standard, misrepresentation, material fact, good faith, settlement

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