Judge Allows Defendant’s Breach Of Contract Counterclaim Against Insurer
(December 17, 2015, 12:28 PM EST) -- HOUSTON — A man accused by his insurance company of misrepresenting information about his business and its revenue can pursue a counterclaim for breach of contract based on the insurer’s denial of coverage, a federal judge in Texas ruled Nov. 19, finding that the company did not meet its burden of proof in its motion to dismiss (MSA Insurance Company v. Shaun Kulcak, d/b/a Titan Test Pumps, No. H-15-1477, S.D. Texas; 2015 U.S. Dist. LEXIS 156385).