The Supreme Court in loses Allstate
Not sound very good for Allstate, especially now that the Supreme Court ruled that the suit in Federal Court could continue. The problem that confronted the Supreme Court was one of a possible conflict of rules. In New York a class action lawsuit is denied, the relief in the form of legal punishment (in this case interest). SCOTUS came to the conclusion that the law is procedural and substantive law could be excluded not only the claim in NY State courts and because there is a diversity case (parties from different States) it continue in Federal Court.
Really makes questions if Allstate was secured only with claims or if they were aware of the New York rule and a massive class size to avoid payment were relying on it. Are the amounts for each demand probably small, explaining why Allstate may have refused to numbers out of interest, who was to make its refusal for these small amounts in question? And legal punishment with the class action bar recovery probably thought, they were in plain text in New York. While recovery may be limited, some class actions such as these important massive companies in line shall be kept. Others, are as such as the lawnmower case I just blogged about, ridiculous. This case is a warning of Allstate and all others that it should insurance code followed, not left aside. We will see, as this case out plays now that it has passed pattern with Supreme Court.
Here the original complaint is claimed, the Allstate's bad behavior and unlawful denial-of-interest.
Message:
Notify me of follow up comments via e-Mail.
For security purposes, you give the graphic text in the box below: [press F5 if you can't read the text]
0 comentarios:
Publicar un comentario