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Moore v. Lloyds

United States District Court, N.D. Texas, Fort Worth Division

July 11, 2017

GLEN MOORE, Plaintiff,
v.
ALLSTATE TEXAS LLOYDS, Defendant.

          MEMORANDUM OPINION AND ORDER

          JOHN MABRYDE DISTRICT JUDGE.

         Came on 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 granted.

         I.

         Proceedings

         On 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. Doc.[1] 1.

         By 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.

         II.

         Plaintiff's Claims

         Plaintiff 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.

         Plaintiff 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 "tie-in-statutes."

         III.

         Ground of the Motion

         Defendant maintains that plaintiff has failed to plead any claim that ...


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