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Can homeowners amend complaint after title insurer files motion to dismiss?
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Court Report
Monday, December 28, 2015
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A couple in Indiana sued their underwriter, arguing that the insurer breached the title policy by failing to defend the couple in a pending state lawsuit. The insurer filed a motion to dismiss, arguing that the couple had sued the wrong party. When the couple moved to amend their complaint to add another defendant, the insurer countered that doing so would prejudice its motion to dismiss. Read on for more details.
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