The Ninth Circuit affirmed the panel's decision not to rehear en banc a case which affirmed the district court's summary judgment in favor of a tribe and against several insurance companies and underwriters. Lexington Ins. Co., et al. v Smith, et al., 2024 U.S. App. LEXIS 23429 (9th Cir Sept. 16, 2024).
subject matter jurisdiction
Insurer’s Motion to Dismiss Class Action COVID-19 Claim Denied
By Tred R. Eyerly on
The insurer's motion to dismiss a nationwide class action suit arising from shutdown orders after the COVID-19 pandemic was rejected by the court. Back2health Chiropractic Ctr. v. Sentinel Ins. Co., 2021 U.S. Dist. LEXIS 42791 (D. N.J. March 15, 2021).
Back2health sought coverage under its all-risk policy after stay-at-home and…
Coverage Case Remanded For Failure to Meet Amount in Controversy Requirement
By Tred R. Eyerly on
The district court granted the motion to remand due to lack of subject matter jurisdiction because the insurer did not sufficiently establish that the amount in controversy was above $75,000. Caceres v. Scottsdale Inc. Co., 2019 U.S. Dist. LEXIS 209688 (S.D. Fla. Dec. 5, 2019).
Hurricane Irma damaged plaintiffs' home.