Filed: May 31, 2012
Latest Update: May 31, 2012
Summary: OPINION AND ORDER JOHN R. FROESHNER, Magistrate Judge. It is well-settled and beyond peradventure that Plaintiff is not entitled to a jury trial under either the Seventh Amendment, Lehman v. Nakshian , 453 U.S. 156 , 160 (1981), or the National Flood Insurance Act, Sandia Oil Co., Inc. v. Beckton, Director FEMA , 889 F.2d 258 , 262 (10 th Cir. 1989), in a claims handling dispute against a WYO carrier with the National Flood Insurance Program acting in its capacity as a fiscal agent of th
Summary: OPINION AND ORDER JOHN R. FROESHNER, Magistrate Judge. It is well-settled and beyond peradventure that Plaintiff is not entitled to a jury trial under either the Seventh Amendment, Lehman v. Nakshian , 453 U.S. 156 , 160 (1981), or the National Flood Insurance Act, Sandia Oil Co., Inc. v. Beckton, Director FEMA , 889 F.2d 258 , 262 (10 th Cir. 1989), in a claims handling dispute against a WYO carrier with the National Flood Insurance Program acting in its capacity as a fiscal agent of the..
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OPINION AND ORDER
JOHN R. FROESHNER, Magistrate Judge.
It is well-settled and beyond peradventure that Plaintiff is not entitled to a jury trial under either the Seventh Amendment, Lehman v. Nakshian, 453 U.S. 156, 160 (1981), or the National Flood Insurance Act, Sandia Oil Co., Inc. v. Beckton, Director FEMA, 889 F.2d 258, 262 (10th Cir. 1989), in a claims handling dispute against a WYO carrier with the National Flood Insurance Program acting in its capacity as a fiscal agent of the United States and the equivalent of FEMA itself, Van Holt v. Liberty Mutual Ins. Co., 163 F.3d 161, 166 (3d Cir. 1998).
It is, therefore, ORDERED that Plaintiff's jury demand, insofar as it seeks a jury trial against Defendant, Allstate Insurance Company, is VACATED.
