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Valtex Properties LLC v. Central Mutual Insurance Co.

Court: ND Tx  11/18/2020  Insurer's Motion to Dismiss Insurance Code Claims Granted; Leave to Amend Denied

A court of the Northern District of Texas granted a property insurer's motion to dismiss its insured's insurance code claims arising out of a hailstorm roof damage claim, holding that the insured failed to state a claim under Tex. Ins. Code Sec. 541 because the allegations did not relate to representations concerning a material fact or policy provision pertaining to coverage or representations on which the insured materially relied, and the insured was not entitled to amend its claims where it did not explain how an amendment would improve its complaint.

commercial property insurance policy, hail damage, motion to dismiss, Tex. Ins. Code. Sec. 541 claims, material representations, detrimental reliance, material facts, material policy provisions, advertisement claims, statement before the public, leave to amend

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