Yolanda Bell v. Shelter General Insurance Company

Summary

The court held that Bell adequately pleaded a breach-of-contract claim based on Shelter’s alleged failure to include replacement-vehicle taxes and fees in its total-loss payment. At the motion-to-dismiss stage, the court was required to accept properly pleaded facts as true and determine only whether the petition stated a cognizable claim, not definitively resolve the policy’s interpretation. The judgment dismissing the petition was reversed and the case was remanded.