Cases

Phenix de Tejas, Inc. v. Sentinel Insurance Company

Court

WD Tx

Publish Date

04/29/2025
A court of the Western District of Texas found that the insured did not state claims for common law fraud, fraudulent concealment, or fraudulent inducement in an amended pleading and denied the insurer’s motion to dismiss these claims, and that the insured sufficiently pleaded common law, statutory bad faith and prompt payment claims and further denied the insurer’s motion to dismiss these claims, but granted the insurer’s motion to dismiss the insured’s misrepresentation and DTPA claims.
commercial property insurance, breach of contract, insurance code violations, bad faith, DTPA violations, fraud, FRCP 12(b)(6), FRCP 9(b), motion to dismiss