· 7/3/2013
Gale Halvorson v. Auto-Owners Insurance Company
Citations
- 718 F.3d 773
- 85 Fed. R. Serv. 3d 1491
- 2013 WL 3333061
- 2013 U.S. App. LEXIS 13580
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that whether the defendant insurance company breached its contracts with the policyholder plaintiffs by utilizing the claim processing methodology at issue “necessitate[d] individual fact inquiries for each member of the class,” thus destroying predominance
- “Answering the question of whether Auto-Owners’s claim processing methodology breached its contract [with each individual class member] under North Dakota law necessitates individual fact inquiries for each member of the class[, which destroys predominance].”
- “There are indeed common questions of law and fact for the putative class. However, the individual questions in the claims under North Dakota contract law predominate.”
- whether payments to insureds were ''reasonable,” as required by the policy
Source: CourtListener parenthetical corpus (CC0).
Judges: Loken, Smith, Benton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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