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Zurich American Insurance Co. v. Central Texas Highway Constructors, LLC

Court: WD Tx  07/20/2019  Magistrate Judge Recommends that Insurer's Motion to Intervene be Granted and that the Lawsuit Should not be Dismissed in Favor of Pending State Court Action

The magistate found that the insurer's motion to intervene was timely and within the deadlines of the scheduling order and found that only one of seven Trejo factors weighed in favor of dismissal of the lawsuit in favor of a pending state court action, so the court recommended that jurisdiction be exercised.

commercial general liability insurance, duty to defend, motion to intervene, permissive intervention, motion to dismiss, FRCP 12(b)(1), Declaratory Judgment Act, justiciable issue, Trejo factors

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