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Von Der Ahe v. 1-800-Pack-Rat, LLC

Court: ND Tx  04/05/2022  Court Grants Motion to Dismiss Regarding Suit Against Moving Pod Company That Offered "Contents Protection Plan"

A court of the Northern District of Texas granted a moving and storage company's motion to dismiss, holding that Plaintiff did not sufficiently plead facts alleging that the company, which sold a "Contents Protection Plan," acted as an insurer for purposes of claims under the Texas Insurance Code and breach of the duty of good faith and fair dealing.

Contents Protection Plan, insurer, prompt payment of claims act, duty of good faith and fair dealing, Carmack Amendment

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