In the first lawsuit, the Plaintiff, a Texas citizen, owned an apartment complex in Dublin, Ohio. The Insured/Plaintiff sued its out-of-state insurance company in Texas following purported wind and hail damage to its Ohio apartment complex, arguing that the out-of-state insurer had availed itself of the laws of Texas by sending the policy to and receiving premiums from the Insured in Texas.

After removing the case to the Southern District of Texas, Eggleton & Briscoe filed a Motion to Dismiss for Lack of Personal Jurisdiction. Following an argument from E&B partner, Will Eggleston, the Court agreed that it lacked personal jurisdiction over the out-of-state Insurer and dismissed the case.

In the second lawsuit, the Plaintiff filed suit in State District Court in Harris County, Texas following the adjustment of its claim for damages to a pipeline construction site after rain waters purportedly inundated the site, causing earth movement and portions of the site to collapse.

E&B partner Will Eggleston filed a Rule 91a Motion to Dismiss, asserting that the Insured’s/Plaintiff’s causes of action had no basis in law or fact, as the Insured had failed to provide notice of its claim for more than two years after the collapse and had already repaired much of the damage before notice of its claim to its Insurer. Following arguments of counsel, the Judge agreed that the Insurer’s investigation was prejudiced by the actions/inactions of the Insured and dismissed the case in its entirety with prejudice.