The Southern District of Texas, McAllen Division issued an opinion in August 2018, for insurance lawyers to read that is styled, Alfredo Murillo Jr., et al v. Allstate Vehicle and Property Insurance Company.
The Murillo’s filed a lawsuit in State court against Allstate after Allstate did not handle a storm damage claim to the satisfaction of the Murillo’s. The Murillos alleged violations of the Texas Insurance Code, the DTPA, and breach of contract. Allstate removed the case to Federal court and filed a motion with the Court seeking dismissal of the Murillos Insurance Code and DTPA violations pursuant to Federal Rule of Civil Procedure 12(b)(6).
Rule 12(b)(6) requires plaintiff to plead “enough facts to state a claim to relief that is plausible on its face.” The pleading requires “more than labels and conclusions” or “a formulaic recitation of the elements of a cause of action.” Conclusory allegations are disregarded.