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Cole v. State Farm Lloyds — magistrate judge recommended dismissal of unsupported extra-contractual insurance claims

Reported / Citable

Case
Charles Cole v. State Farm Lloyds
Court
U.S. District Court for the Western District of Texas, Waco Division
Judge
Dan N. MacLemore
Date Decided
August 31, 2026
Docket No.
6:26-cv-00398
Topics
Insurance coverage; Texas Insurance Code; Rule 12(b)(6); Pleading standards

Background

Charles Cole alleged that a May 2024 wind and hailstorm damaged property insured by State Farm Lloyds. State Farm inspected the property and paid $23,133.94 after adjustments, but Cole alleged that his later-submitted repair documentation showed additional covered damage that State Farm refused to pay.

Cole sued for breach of contract, unfair settlement practices under the Texas Insurance Code, prompt-payment violations, and breach of the duty of good faith and fair dealing. State Farm moved to dismiss all claims other than breach of contract. Cole did not respond to the motion.

The Court’s Holding

Magistrate Judge Dan N. MacLemore recommended that the district judge grant State Farm’s Rule 12(b)(6) motion and dismiss Cole’s extra-contractual claims. The recommendation did not dispose of Cole’s breach-of-contract claim.

The magistrate judge concluded that Cole alleged only that State Farm underpaid the claim, then largely recited statutory elements and legal conclusions. The complaint did not identify an express misrepresentation or omission supporting the unfair-settlement claim, facts showing how State Farm violated the prompt-payment statute, or facts supporting a breach of the common-law duty of good faith and fair dealing. The parties were given 14 days to object to the recommendation.

Key Takeaways

  • An allegation that an insurer undervalued a claim does not by itself plausibly plead Texas Insurance Code violations.
  • Prompt-payment claims require facts showing a failure to comply with a particular statutory deadline or requirement.
  • The document is a magistrate judge’s recommendation, subject to objections and review by the district judge.

Why It Matters

The recommendation underscores that Texas insurance plaintiffs must plead concrete facts for extra-contractual claims, rather than rely on conclusory allegations accompanying a coverage dispute. A contract claim may proceed even where the pleaded facts do not support independent statutory or bad-faith theories.

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