HORWITZ EX REL. v. Bankers Life and Cas. Co.

How courts have described this case

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

• finding “it was within the discretion of the trial court *** to allow the affirmative defense in defendant’s motion for summary judgment”
• applying Colorado law, court granted summary judgment for insurer where the insurance company filed its rates with the DOI
• finding \it was within the discretion of the trial court *** to allow the affirmative defense in defendant's motion for summary judgment\
• a defendant’s assertion of affirmative defenses in motion for summary judgment, after failure to include them in answer, does not result in waiver
• the actions and statements were made during the same action; therefore, the separate-proceedings requirement of judicial estoppel was not met
• “all of the actions and statements upon which plaintiff bases her argument were made in this action, and therefore, the separate proceedings requirement is not met.”

Source: CourtListener parenthetical corpus (CC0).