A court of the Northern District of Texas granted an insurer’s Rule 12(b)(6) motion to dismiss in a liability insurance dispute arising from an MCS-90 endorsement, holding that an insured failed to state claims for breach of contract, Stowers liability, and Insurance Code violations because the endorsement creates only a surety obligation to pay final judgments—not duties to defend, indemnify, or settle—and further that the insured’s third-party statutory claims were not cognizable or assignable, while permitting limited leave to amend.
motor carrier policy, MCS-90 endorsement, motion to dismiss, declaratory judgment, federal Motor Carrier Act, turnover order, Stowers, breach of contract, extra contractual damages, insurance code violations, third-party claim, first party claim, FRCP 12(b)(6)
