Sunshine Eastgate Plaza LLC v. Lexington Insurance Co.
Court
ND Tx
Publish Date
05/19/2026
A court in the Northern District of Texas dismissed an insured’s Chapter 541 and 542 Texas Insurance Code extracontractual claims against two surplus lines insurers for failure to plead with the specificity required by Rules 8(a) and 9(b), and struck the insured’s post-suit attorney’s fees on the ground that pre-suit notice directed only to a third co-insurer did not satisfy ยง 542A.003’s requirement of insurer-specific notice stating the amount owed by each insurer.
commercial property policy, motion to dismiss, motion to strike, storm claim, extracontractual claims, notice of claims, presuit notice, FRCP 8, FRCP 9, FRCP 12