Cases

Perez v. National Liability & Fire Insurance Co.

Court

SD Tx

Publish Date

03/06/2026
In a UIM action for declaratory judgment, a district court of the Southern District of Texas granted an insurer’s motion to dismiss or alternatively, to sever and abate, dismissing with prejudice the insured’s breach of contract claim for lack of subject matter jurisdiction because the claim was unripe while the declaratory-judgment action remained unadjudicated and, in the discretion of the court, abating the insured’s extra-contractual claims.
underinsured motorist policy, UIM declaratory judgment, UIM elements, breach of contract unripe, subject matter jurisdiction, FRCP 12(b)(1), FRCP 12(b)(6), abatement, abatement standard, abatement discretionary, FRCP 42(b), severance, bifurcation, FRCP 21