United States District Court, E.D. Texas, Sherman Division
MEMORANDUM OPINION AND ORDER
L. MAZZANT, UNITED STATES DISTRICT JUDGE.
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.
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
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:
. . .