CLASS ACTION: Summary judgment for insurer in class action alleging failure to advance pay medical and wages vacated and remanded for whether CAFA’s $5 million jurisdiction amount is satisfied, a question raised sua sponte by the Panel… DeSoto/Morris reversed. [Read more…]
Insurance, challenges to GEICO’s subrogation
INSURANCE: Challenges to GEICO’s subrogation practices properly rejected as not allowable under UTPA… Molloy affirmed (memorandum). [Read more…]
Insurance, med-pay advance absent explicit request
INSURANCE: Insurer had no obligation under UTPA to advance-pay 3rd-party medical bills absent explicit request, demand, or claim, also had reasonable basis for not making advance payments… common law bad faith claim time-barred… DeSoto’s 56(a) ruling not precluded by Lynch’s prior 12(b)(6) ruling… DeSoto/Morris. [Read more…]
Insurance, 3rd run at GEICO subrogation rejected
INSURANCE: Third Amended Complaint fails to save previously rejected challenges to GEICO’s subrogation practices, no further amendment allowed… Molloy. [Read more…]
Insurance, subrogation practices, UTPA preemption
INSURANCE: Putative class Plaintiffs’ request for declaratory judgment as to GEICO’s subrogation practices preempted by UTPA, but amendment permitted to bring proper UTPA claim… Molloy. [Read more…]
Insurance, jurisdiction, non-contracting entities
INSURANCE: Personal jurisdiction found over non-contracting GEICO entities in 2nd amended complaint challenging subrogation practices… Molloy. [Read more…]
Insurance, GEICO’s subrogation practices
INSURANCE: Motion to dismiss putative class action challenging subrogation practices of GEICO and related entities granted in part including rejection of boilerplate allegations of personal jurisdiction over non-contracting entities based on a conspiracy theory… Molloy. [Read more…]