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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.