Cases

Century Surety Co. v. Carriage Place Apartments Houston, LLC

Court

SD Tx

Publish Date

07/15/2025
A court of the Southern District of Texas granted an insured’s motion to dismiss, holding the insurer’s declaratory judgment claims for rescission of a policy, fraud, and negligent misrepresentation failed under Rule 9(b)’s heightened pleading standards and because the insurer failed to provide timely presuit notice of the rescission action as required by the Texas Insurance Code.
commercial liability policy, rescission, fraud, negligent misrepresentation, FRCP 9(b), heightened pleading standard, Tex. Ins. Code Sec. 705.005, presuit notice of rescission action, motion to dismiss, FRCP 12(b)(6),