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Cunningham v. Allstate Vehicle And Property Insurance Co.

United States District Court, E.D. Texas, Sherman Division

May 1, 2018

JAMES CUNNINGHAM and TABATHA CUNNINGHAM
v.
ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY

          MEMORANDUM OPINION AND ORDER

          AMOS L. MAZZANT, UNITED STATES DISTRICT JUDGE.

         Pending before the Court is Defendant Allstate Vehicle and Property Insurance Company's Rule 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction (Dkt. #3). Having reviewed the motion and relevant pleadings, the Court finds that the motion should be denied.

         BACKGROUND

         Plaintiffs James and Tabatha Cunningham obtained a homeowner's insurance policy, Policy No. 836916921 (“the Policy”), from Defendant Allstate Vehicle and Property Insurance Company (“Allstate”), which was effective from May 18, 2016 to May 18, 2017. The Policy contained, in relevant part, the following clause:

Action Against Us

         No one may bring an action against us in any way related to the existence or amount of coverage, or the amount of loss for which coverage is sought, under a coverage to which Section I Conditions applies, unless: . . .

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