Judge: Insureds Allege Plausible Negligence Claim In Hurricane Ike Dispute

GALVESTON, Texas – Insureds’ alleged facts, at the very least, state a plausible claim for negligence under Texas law, a Texas federal magistrate judge ruled Aug. 8, concluding that the developed facts could support a finding that a defendant had a legal duty to not ignore the numerous warnings raised about the misclassification of the Coastal Barrier Resources Act (CBRA) status of the insureds’ property (Robert Spong, et al. v. Fidelity National Property And Casualty Insurance Company, et al., No. G-10-228, S.D. Texas, Galveston Div.; 2011 U.S. Dist. LEXIS 87330).
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