Negligence Claim Independent of Policy Permitted Under Texas Law, Judge Rules

DALLAS — A Texas federal judge has refused to dismiss a negligence claim asserted against an insurer in a hailstorm damage action, ruling that because the claim is not based upon the insurer’s adjustment of the claim, it is independent of the insurance contract and thus permitted under state law.

In a March 13 order, Chief Judge Barbara M.G. Lynn of the U.S. District Court for the Northern District of Texas dismissed the insured’s negligent misrepresentation claim, however, finding it was not pled with the requisite particularity.

McKinney Square Properties No. 1 Ltd. alleges that on June 9, 2015, hail …