Duncan v. Farmers Insurance Exchange

Plaintiff's Response To Defendant's Motion To Sever and Abate and Motion For Protective Order

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One of the most common tactics by an insurance carrier that is being sued under its uninsured/underinsured motorist (UM/UIM) coverage, is to move the court to sever the case into more than one trial, or to “abate” (i.e., postpone) certain claims pertaining to its bad faith violations of insurance statutes, pending determination of whether it has breached its written contract terms. There is a split between Texas appeals courts over whether bad faith claims can proceed before there is a judicial finding that the underlying insurance policy has been breached. This response motion represents our strong arguments on our client’s behalf that all claims should be able to proceed forward concurrently.

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Published In: Civil Procedure Updates, Civil Remedies Updates, General Business Updates, Insurance Updates

Reference Info:Legal Memoranda: Pre-Trial Motions | State, 5th Circuit, Texas | United States