United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION AND ORDER
MABRYDE DISTRICT JUDGE.
for consideration the motion of defendant, Allstate Texas
Lloyds, to dismiss. The court, having considered the motion,
the response of plaintiff, Glen Moore, the record, and
applicable authorities, finds that the motion should be
January 16, 2017, plaintiff filed his original petition in
the 236th Judicial District Court of Tarrant
County, Texas. On April 5, 2017, defendant filed its notice
of removal, bringing the action before this court.
order signed May 8, 2017, the court ordered plaintiff to file
an amended complaint consistent with the pleading
requirements of the Federal Rules of Civil Procedure and
Local Civil Rules of this court. Doc. 12. On May 19, 2017,
plaintiff filed his amended complaint. Doc. 13. On June 5,
2017, defendant filed its motion to dismiss and supporting
memorandum of law. Docs. 14 & 15.
owns property located at 4503 Cresthaven, Colleyville, Texas
(the "property"). Doc. 13 at 2, ¶¶ 4, 5.
Plaintiff purchased a residential insurance policy from
defendant to cover the property for a loss due to
storm-related events. Id., ¶ 6. On or around
November 28, 2015, the property suffered damage due to storm
related conditions. Id., ¶ 7. On or around
January 3, 17, and 30, 2016, defendant conducted inspections
of the property. Id. at 2-3, ¶¶ 9, 13, 14.
Defendant sent correspondence to plaintiff dated February 15,
2016, "stating a laundry list of perils, which
[defendant] would not cover under the claim."
Id. at 3, ¶ 15. Plaintiff refers to this as
defendant's "no storm damage determination."
Id. at 4, ¶ 20. Plaintiff says that he did not
receive the damage coverage for which he had contracted.
Id. at 5, ¶ 25.
asserts claims for breach of contract, breach of duty of good
faith and fair dealing, violations of the Texas Insurance
Code, and violations of the Texas Deceptive Trade
Practices-Consumer Protection Act ("DTPA") and
of the Motion
maintains that plaintiff has failed to plead any claim that