Cases

Herrera v. AmGuard Insurance Co.

Court

ND Tx

Publish Date

04/10/2025
A court of the Northern District of Texas granted an insurer’s motion to dismiss all claims pleaded against an adjuster defendant, finding that the adjuster was improperly joined where the insurer appropriately elected responsibility under Chapter 542A and holding that the election of responsibility even applies to the suit’s pleaded claims outside the Insurance Code because those claims relate to the insureds’ insurance claim.
homeowners policy, election of responsibility, Tex. Ins. Code Sec. 542A.006, Chapter 542A, adjuster defendant, fraudulent joinder, improper joinder