Cases

Landmark American Insurance Co. v. Richland Trace Owners Association

Court

ND Tx

Publish Date

01/13/2025
A court of the Northern District of Texas granted an insurer’s motion to dismiss a counter-claim for fraud, finding that the insured did not plead fraud with particularity where the insured did not plead the ‘who, what, when, and where’ as required under the Rule 9(b) standard for pleading fraud.
commercial property policy, fraud, counter-claim, FRCP 9(b), particularity requirement, declaratory relief