Melinder v. Texas Farmers Insurance Company, No. 3:2010cv00463 - Document 37 (S.D. Tex. 2011)
Court Description: OPINION AND ORDER denying 7 Motion to Dismiss Plea in Intervention of Homecomings Financial, LLC; denying 27 Motion to Dismiss Amended Plea in Intervention of Homecomings Financial, LLC;.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION CHRISTINA MELINDER V. HOMECOMINGS FINANCIAL, ET AL. § § § § § CIVIL ACTION NO. G-10-463 OPINION AND ORDER For the reasons addressed and discussed during a June 10, 2011, hearing with counsel of record on Plaintiff s Motion to Dismiss Plea in Intervention of Homecomings Financial, LLC (Instrument no. 7) and Motion to Dismiss Amended Plea in Intervention of Homecomings Financial, LLC (Instrument no. 27) the Court FINDS that the language of the settlement agreement regarding the term underpayment of insurance proceeds is ambiguous and may permit the Court to consider extrinsic evidence to determine whether Homecomings can assert a claim for repayment of the settlement amount it made to Plaintiff against the insurance proceeds payable by Texas Farmers Insurance Company for damage to Plaintiff s property during Hurricane Ike. It is, therefore, the ORDER of this Court that Plaintiff s Motion to Dismiss Plea in Intervention of Homecomings Financial, LLC (Instrument no. 7) and Motion to Dismiss Amended Plea in Intervention of Homecomings Financial, LLC (Instrument no. 27) are DENIED. DONE at Galveston, Texas, this 21st day of June, 2011.
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