Lincoln v. Safeco Insurance Company of Indiana
Filing
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ORDER entered GRANTING 17 MOTION to Dismiss Partial under Rules 8, 9(b) and 12(b)(6) MOTION to Dismiss Partial under Rules 8, 9(b) and 12(b)(6). Pltf. has until 4/9/12 to amend his complaint..(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ALVIN LINCOLN,
Plaintiff,
v.
SAFECO INSURANCE COMPANY,
Defendant.
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CIVIL ACTION NO. H-11-1662
ORDER
This is one of the many insurance cases filed after Hurricane Ike. The plaintiff, Alvin
Lincoln, sued Safeco Insurance Company in state court, asserting causes of action for breach of
contract, breach of the duty of good faith and fair dealing, fraud, and violations of the Texas
Insurance Code. After removing the case to federal court, Safeco moved to dismiss all claims except
breach of contract under Federal Rule of Civil Procedure 12(b)(6). (Docket Entry No. 17.) Safeco
argues that Lincoln’s state-court petition fails to allege sufficient facts to state plausible claims and
that the fraud-based claims were not pleaded with the specificity required by Rule 9(b). Lincoln
responded to the motion. (Docket Entry No. 19.)
Based on a careful review of the pleadings, the motion and response, and the relevant law,
this court grants Safeco’s motion to dismiss, with leave to amend. Courts in this district, including
this court, have dismissed substantially similar petitions filed by the same law firm in the same type
of cases. See e.g., Luna v. Nationwide Property and Cas. Ins. Co., 798 F. Supp. 2d 821 (S.D. Tex.
2011); Carter v. Nationwide Property and Cas. Ins. Co., No. H–11–561, 2011 WL 2193385 (S.D.
Tex. June 6, 2011);
Escobar v. GeoVera Specialty Ins. Co., No. H–10–2998, 2011 WL 2193347 (S.D. Tex. June 6,
2011); Tedder v. USF & G Specialty Ins. Co., No. H–10–2676, 2011 WL 1806516 (S.D. Tex. May
11, 2011). The reasons for dismissal are explained in detail in those opinions and are not repeated
here. Lincoln may file an amended complaint no later than April 9, 2012.
SIGNED on March 12, 2012, at Houston, Texas.
______________________________________
Lee H. Rosenthal
United States District Judge
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