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Category Archives: Civil Procedure

Liberty Mutual Fire Insurance v. Fowlkes Plumbing

(United States Fifth Circuit) – Certified. The state Supreme Court was asked how they would interpret the subrogation waiver in common form contracting agreements, a question that has split courts nationwide.

Capsco Industries, Inc. v. Ground Control, LLC

(United States Fifth Circuit) – Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project.

ADI Worldlink, LLC v. RSUI Indemnity Company

(United States Fifth Circuit) – Affirmed. All insurance claims were properly denied because while the insured gave timely notice of later claims they failed to give notice of an initial claim within the policy’s one year coverage limitation.

Smith v. Travelers Casualty Ins. Co.

(United States Fifth Circuit) – Affirmed. An insurer was not liable for contractual and statutory violations arising from the denial of a commercial property insurance claim. The suit was untimely because re-investigation by the insurer did not toll the accrual of the cause of action.

American Homeland Title Agency, Inc. v. Robertson

(United States Seventh Circuit) – Affirmed. A company found, during a random audit by the Indiana Department of Insurance, to have committed hundreds of regulatory violations that entered into an agreement to pay a fine and relinquish its licenses could not subsequently sue the Department’s…

People v. Suh

(California Court of Appeal) – Affirmed. Allstate Insurance Company brought this action on behalf of the People of the State under Insurance Code section 1871.7. Allstate alleges Defendant guilty of submitting false or fraudulent claims to an insurance company. A jury found in favor of…

Gale v. Chicago Title Insurance Company

(United States Second Circuit) – Affirmed. Plaintiff, a Connecticut attorney, sued Defendants, a group of title insurance companies, for violating a Connecticut law that allows only Connecticut attorneys to act as title agents in the state. The original complaint contained class action allegations under the…

Nautilus Insurance Company v. Access Medical, LLC

(United States Ninth Circuit) – Certified Question. The panel certified the question of state law to the Nevada Supreme Court asking whether an insurer is entitled reimbursement of costs already expended in defense of its insured where a determination has been made that the insurer…

Mercury Ins. Co. v Lara

(California Court of Appeal) – Judgment reversed and remanded. Defendant prevailed at an administrative hearing and civil penalties were imposed against Mercury. Mercury filed a writ of mandate, which the trial court granted. Appellate court held that the writ was issued in error, because the…

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