Cases

McMillan v. State Farm Insurance Lloyds

Court

SD Tx

Publish Date

12/29/2025
A court of the Southern District of Texas granted in part an insurer’s motion for summary judgment, holding genuine fact disputes on whether the property was a private residence and whether there was an insurable interest precluded summary judgment as to the insured’s breach of contract claim, but finding the insured failed to present evidence of fraudulent inducement or negligent misrepresentation and that the record supported a reasonable basis for the insurer’s denial, thus supporting summary judgment in favor of the insurer on the insured’s fraud, fraudulent inducement, negligent misrepresentation, and bad faith and related statutory claims.
homeowner’s policy, fire loss, insurable interest, dwelling, residence premises, reside, breach of contract, bad faith, fraud, fraudulent inducement, negligent misrepresentation, DTPA, alleged Texas Insurance Code violations, motion for summary judgment, fact dispute precludes summary judgment, FRCP 56