insurance-law

16 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-791 Edward Ronny Arnold v. Allstate Insurance Company Sixth Circuit 2026-01-07 Pending civil-procedure constitutional-rights due-process exclusionary-evidence insurance-law statute-of-limitations 1. Whether the district court erred in not understanding Tenn. Code Ann. §.28-3-104 statute of limitation mandated the Plaintiff to file civil action …
25-724 Unified Life Insurance Company v. United States Fire Insurance Company Fifth Circuit 2025-12-19 Pending Response RequestedResponse Waived diversity-jurisdiction erie-doctrine federal-common-law insurance-law reinsurance state-law Whether a federal court exercising diversity jurisdiction exceeds its authority under Erie R. Co. v. Tompkins, 304 U.S. 64 (1938) by creating a new st…
24-738 Juan Cartaya v. Travelers Indemnity Company Colorado 2025-01-13 Denied appraisal-process arbitration contract-interpretation dispute-resolution federal-arbitration-act insurance-law Whether the insurance industry's appraisal process, which fully and finally resolves insurer-insured disputes over the loss amount when two of three a…
24-347 Argonaut-Midwest Insurance Company, dba Argo Group v. Koppers Performance Chemicals, Inc., fka Osmose Wood Preserving Co. of America, Inc., fka Osmose Wood Preserving Inc., fka Osmose, Inc. Fourth Circuit 2024-09-27 Denied Response Waived circuit-court-review complaint-allegation-rule duty-to-defend insurance-law named-insured policy-interpretation The Fourth Circuit deviated from established insurance law in Hawaii by creating a novel standard which is not accepted by any courts sitting in Hawai…
23-1165 Raymond H. Pierson, III v. CSAA Insurance Services, Inc., et al. California 2024-05-01 Denied civil-rights constitutional-rights due-process duty-to-settle fourteenth-amendment good-faith-dealing insurance insurance-law public-interest standing third-party-liability tort The California Legislature as evidenced in the Insurance Code 11580(b)(2) and the binding caselaw precedent (Moradi-Shalal v. Fireman's Fund Ins. Co.,…
23-1126 David Streeter, et al. v. USAA General Indemnity Company Ninth Circuit 2024-04-17 Denied Response Waived certification-of-questions certification-of-state-law comity cooperative-federalism divergent-decisions diversity-jurisdiction efficient-federal-practice erie-doctrine insurance-law judicial-comity lehman-bros-v-schein state-law-interpretation This Petition and recently filed Randy Tarum et al. v. State Farm Mutual Automobile Ins. Co., No. 23-973, both raise the identical issue: have Ninth C…
23A788 Glen Mulready, et al. v. Pharmaceutical Care Management Association Tenth Circuit 2024-02-27 Presumed Complete erisa-preemption health-care-access insurance-law patient-rights pharmacy-benefit-managers state-regulation Question not identified.
23-567 Superior Well Services, Inc. v. American Home Assurance Company, et al. Third Circuit 2023-11-27 Denied Response Waived commercial-general-liability commercial-liability faulty-workmanship federalism insurance-law occurrence state-law third-circuit 1. Whether the Third Circuit's decision below violated core principles of federalism by rewriting Pennsylvania state insurance law regarding applicati…
22-1030 Gary Lewis v. United Automobile Insurance Company, et al. Ninth Circuit 2023-04-24 Denied Response Waived civil-rights constitutional-rights due-process federalism insurance-law insurance-regulation judicial-procedure jury-trial rule-of-law The question presented is whether the constitutional right to a jury trial can be usurped by the trial court and appellate court interfering with the …
20-7841 Sylvia J. Manor v. United of Omaha Life Insurance Company Ninth Circuit 2021-04-26 Denied IFP breach-of-contract civil-procedure contract contract-interpretation date-of-accrual insurance-law legal-interpretation life-insurance statutory-interpretation statutory-provisions The Defendant, (Respondent), life insurance company maintains that they are free to choose a Date Of Accrual which is in flagrant violation of the con…
20-35 Joshua E. Frankel v. United States, et al. Fourth Circuit 2020-07-16 Denied Response Waived civil-rights due-process federal-courts feres-doctrine fourth-circuit incident-to-service insurance-law military-tort separation-of-powers sovereign-immunity Whether the Fourth Circuit erred in applying an unduly restrictive "situs and status test" for the determination of whether the acts at issue were "in…
19-790 Juan A. Martin-de-Nicolas v. AAA Texas County Mutual Insurance Company Texas 2019-12-20 Denied Response Waived automobile-liability-insurance civil-procedure duty-to-settle insurance insurance-duty insurance-law legal-liability liability negligence negligence-standard policyholder-negligence policyholder-rights settlement settlement-obligation third-party-claims Do automobile liability insurers have a duty not-to-settle third-party claims, when it becomes reasonably clear that the peril insured against — polic…
19-721 W. A. Griffin v. Humana Employers Health Plan of Georgia, Inc. Georgia 2019-12-06 Denied Response Waived assignment-of-benefit assignment-of-benefits consent-requirement erisa georgia-law georgia-statute health-insurance insurance-contracts insurance-law medical-assignment preemption provider-assignment provider-rights 1. Whether or not a medical provider who obtained a written assignment of benefit in accordance Georgia § 33-24-54 is required to obtain a consent or …
19-6803 Carmieshra Gorman v. Regina Cole California 2019-12-03 Denied IFP civil-procedure civil-rights constitutional-authority due-process insurance-law insurance-regulation intentional-tort judicial-discretion standing state-regulation takings Does the Court Exceed Constitutional Authority in Defending the State's Regulation of Insurance vis a vis the Court's Predatory Treatment of Personal …
18-828 Robert Ghiringhelli, et al. v. The Assurance Group, Inc. Sixth Circuit 2019-01-02 Denied Response Waived breach-of-contract civil-rights contract contract-law federal-preemption insurance insurance-industry insurance-law medicare medicare-regulations separate-accrual-rule statute-of-limitations The case involves application of the "separate accrual rule" to commissions earned by the Petitioners and collected each month by the Respondent from …
18-6228 John Laschkewitsch v. American National Life Insurance Company Fourth Circuit 2018-10-09 Denied Response WaivedRelisted (3)IFP breach-of-contract civil-procedure contestability due-process estoppel insurance-authorities insurance-contestability insurance-contract insurance-law precedent statute-of-limitations statutory-interpretation time-limitation unfair-and-deceptive-trade-practices unfair-claim-settlement Whether Hurni, Enelow, Stewart and Pickering contestability precedent from this Court; American Trust Co. and Chavis precedent from the NC Supreme Cou…