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Young v. Meridian Security Insurance Co.

Court: ED Tx  06/30/2023  Court Holds Insurer's Election Under Section 542A.006 Creates Complete Diversity and Denies Insurer's Motion to Dismiss Extra-Contractual Claims

A court of the Eastern District of Texas found that it had subject matter jurisdiction where the insurer elected responsibility for a non-diverse defendant under Texas Insurance Code Section 542A.006, but that the insurer's motion to dismiss the insured's extra-contractual claims in a residential hail damage dispute should be denied where the insured pleaded sufficient facts to allege fraud, DTPA violations, and breach of the duty of good faith and fair dealing.

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