Wheeler v. Safeco Insurance Co. of Indiana
A court of the Western District of Texas denied an insured's motion for declaratory relief and partial summary judgment because fact issues precluded summary judgment on the insured's breach of contract claim and because the court cannot grant declaratory relief where the relief is duplicative of the insured's affirmative causes of action, but granted in part the insurer's motion for summary judgment on the insured's Chapter 541 claims because a bona fide coverage dispute existed and further dismissed the insured's claim under section 542.003(b)(5) because the statute does not authorize a private cause of action.
declaratory relief, Chapter 541, Chapter 542, Texas Prompt Payment of Claims Act, cosmetic damage exclusion, cross motions for summary judgment, bona fide dispute, breach of contract, misrepresentation, reasonable investigation, private cause of action
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