Alex Kush v. American States Insurance Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that “ ‘any count alleging nothing more than the conduct proscribed by Section 155 is pre-empted by the statute’ ”
• “Generally, courts allow a shareholder to sue only where there is a direct injury to the shareholder in his or her individual capacity, independent of any duty owed the corporation.”
• if alleged conduct is within the broad scope of Section 155, any alternative claim should be dismissed
• “Generally, courts allow a shareholder to sue only where there is a direct injury to the shareholder in his or her individual capacity, independent of any duty owed the corporation.”
• Section 155 “strikes a balance between the individual insured party’s need for compensation and the broad societal interest in avoiding excessive damage awards that result in price increases to all policyholders, perhaps making some insurance prohibitively expensive for-the average consumer”
• “Kush asks us to disregard the line between shareholder and corporation.... We are reluctant to do so here, where the direct duty was owed to the corporation alone and the allegedly tortious acts were directed only at the corporation.”

Source: CourtListener parenthetical corpus (CC0).