Cases

A court of the Northern District of Texas granted in part an insurer’s motion to dismiss, denying the motion as to the insured’s breach of contract, duty of good faith and fair dealing, and insurance code based extra-contractual claims, but granting the motion as to the insured’s stand-alone DTPA claims with leave to replead and holding that FRCP 9(b) does not apply to the insured’s extra-contractual claims where fraud is not alleged.