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Herrera v. AmGuard Insurance Co.

Court: ND Tx  04/10/2025  Action Against Field Adjuster Dismissed Where Insurer Elected Responsibility Under Chapter 542A

A court of the Northern District of Texas granted an insurer's motion to dismiss all claims pleaded against an adjuster defendant, finding that the adjuster was improperly joined where the insurer appropriately elected responsibility under Chapter 542A and holding that the election of responsibility even applies to the suit's pleaded claims outside the Insurance Code because those claims relate to the insureds' insurance claim.

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