Woodstone Condominium Owners Ass’n, Inc. v. Philadelphia Indemnity Insurance Co.

Court: WD Tx  10/28/2024  Court Grants Insurer's Motion to Dismiss Extracontractual Claims in Part, and Denies it in Part

The court held that the insured's arguments that it could recover under the entitled-to-benefits rule, benefits lost rule, and independent injury rule were sufficient to state a plausible claim for extra-contractual damages under the DTPA and denied the insurer's motion to dismiss that claim, but granted the insurer's motion with respect to misrepresentation because the insured did not allege detrimental reliance

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independent injuryno-recovery ruledetrimental relianceextra-contractual claimsentitled-to-benefits ruleactual damagescommercial property insuranceFed. R. Civ. P. 12(b)(6)alleged violations of the DTPAbenefits-lost rulefraud claimsmotion to dismissmisrepresentationFed. R. Civ. P. 9(b)

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