In a dispute arising from the cancellation of a homeowner’s insurance policy, the Western District of Texas adopted a magistrate judge’s report and recommendation granting in part and denying in part the insurer’s motion to dismiss. The court held that the plaintiff plausibly alleged breach of contract and promissory estoppel claims based on an alleged agreement to receive policy communications electronically, which could impact whether proper notice of cancellation was provided. However, the court dismissed the plaintiff’s remaining claims, including alleged violations of the Texas Deceptive Trade Practices Act, breach of fiduciary duty, negligence, and invasion of privacy, finding no independent legal duty apart from the insurance contract and insufficient factual support.
