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T. Thomas Metier

What Circumstances Would Lead to a New Trial on the Damage Award Only?

In Bavlsik v. General Motors, Nos. 16-1491, 16-1632, (8th Cir. 2017),  the Court of Appeals for the Eighth Circuit took on this question. About five years ago Michael Bavlsik (“Bavlsik”) was driving his 2003 GMC Savana van when he collided […]

T. Thomas Metier

On an Insurance Policy, Can One Party Act as an Agent for the Other Party, the Co-Insured?

In Tucker v. Government Employees Insurance Company, No. 14-1192 (10th Cir. 2017), the United States Court of Appeals for the Tenth Circuit untangled this disagreement. David Tucker (“Tucker”) sued the Government Employees Insurance Company, d/b/a GEICO Indemnity Company (“GEICO”) for […]

T. Thomas Metier

When Does the Designated Driver Have a Heightened Responsibility for Her Passengers?

The United States Court of Appeals for the Eighth Circuit looked at that question in Hiltner v. Owners Insurance Company, No. 16-3217 (8th Cir. 2017). In this case, Samantha Denault (“Denault”) was the designated driver for a group of friends […]

T. Thomas Metier

Is the $75,000 ‘Amount in Controversy’ Flexible When It Comes to Subject Matter Jurisdiction?

The United States Court of Appeals for the Eighth Circuit answers that question in Peterson v. Travelers Indemnity Company, No. 16-1146 (8th Cir. 2017). Lori L. Peterson (“Peterson”) was injured in a car accident while driving a loaner vehicle from […]

T. Thomas Metier

What Evidence Proves an Insurance Company Has Satisfied Its Statutory Duty of Proper Notice When Canceling a Policy?

Because of the lack of proof that the cancellation notices were timely sent by certified mail, American Standard did not meet its burden.

T. Thomas Metier

Does UM/UIM Statute Require Each Named Insured to Reject the Coverage or Is One Rejection Binding for All?

The Supreme Court also examined whether the Colorado legislature, in writing that statute, negated the common law principles of implied authority and apparent authority.

T. Thomas Metier

Can a UIM Policy Limit Coverage in a Tort Action After Workers’ Comp?

Ashour’s claim for UIM benefits under his policy with AFI is not barred by the exclusivity provisions of the Act, or by the “legally entitled to recover” language of the policy.

T. Thomas Metier

Can the Court Exclude Testimony and Records as a Discovery Sanction?

The Court of Appeals looked at whether the district court abused its discretion in excluding so many medical bills.

T. Thomas Metier

When Can an Expert Witness Be Excluded from Testifying and Why?

Ultimately, the court determines the untimely disclosure was harmless and therefore, Baldwin will not be excluded.

T. Thomas Metier

When Can a Party Be Given Leave to Amend a Pleading?

The Court also concludes the allegations do not demonstrate genuine issues of material fact, so the Court recommends that the judge find the proposed claim would likely be dismissed for Jones’ failure to show why the case would have to be submitted to a jury for resolution.