5th Circuit Panel Reverses Dismissal Of Insurer’s Suit, Insured’s Counterclaims

Mealey's (August 19, 2015, 11:38 AM EDT) -- NEW ORLEANS — A district court judge erred in dismissing an insurer’s declaratory judgment suit and an insured’s counterclaims because he did not consider whether the insured properly alleged a bad faith claim under Louisiana law and did not provide the parties with notice of his intent to dismiss the remainder of the insured’s claims, the Fifth Circuit U.S. Court of Appeal said Aug. 18 (Century Surety v. Cylie Blevins, et al., No. 14-31131, 5th Cir.; 2015 U.S. App. LEXIS 14497).

(Opinion available. Document #03-150826-001Z.)...
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