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In Nevada, Liability Insurer Cannot Exhaust Policy Before Judgment by Interpleading Funds

By Andrew B. Downs , Partner, Bullivant Houser Bailey PC Last week, the Nevada Supreme Court joined California and some other states in holding that a liability insurer may not interplead its policy limits before a final judgment is entered against the policyholder for the purpose of exhausting its...

Fifth Circuit Holds Settlement With Primary Insurer Did Not Result In Exhaustion

By Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In Citigroup Inc. v. Federal Ins. Co ., 2011 U.S. App. LEXIS 16316 (5 th Cir. Aug. 8, 2011 ) , the United States Court of Appeals for the Fifth Circuit, applying Texas law, considered whether a settlement between an insured and...

Third Circuit on social group, Chevron, exhaustion: Valdiviezo-Gamez II

"In Lin v. Attorney General, 543 F.3d 114 (3d Cir. 2008), we held that “the BIA’s consideration of an issue is sufficient to provide us with jurisdiction over that issue" even if the petitioner fails to raise the issue before the BIA. 543 F.3d at 123 n.7. Here, the BIA held that...

AILA helps challenge Fifth Circuit on exhaustion

Here is a link to the AILA amicus brief challenging the Fifth Circuit's 'questionable [and] controversial interpretation of 8 U.S.C. 1252(d).' This is a pro bono case I've been working on for some time, and I'm very grateful to AILA and briefers Nick Chavez, Mark Barr, Ben Casper...

Zurich v. Raymark Still Alive & Well In Illinois — Whiskers & All

by Angela Elbert On March 5, 2013, the Illinois Appellate Court in John Crane, Inc. v. Admiral Ins. Co. , 2013 IL App. (1st) 093240 [ enhanced version available to lexis.com subscribers ], reaffirmed the continuing viability of the Illinois Supreme Court's decision more than 25 years ago in the...

CA6 on Natz. Exhaustion, Jurisdiction: Shweika v. DHS

"For the past nine years, Mazen Shweika (“Shweika”) has prosecuted a single application for naturalization before both the United States Citizenship and Immigration Services (“USCIS”) and the U.S. District Court for the Eastern District of Michigan. This ongoing process now...

Court Declares Excess Policy Triggered Based On Insured’s Own Funding To Establish Exhaustion Of Primary

I rarely address primary--excess exhaustion cases in CO . They are often too policy language specific to offer any takeaways of substance. But I address Plantation Pipe Line Company v. Highlands Ins. Co., No. 12-29 (Tex. Ct. App. Aug. 29, 2014) here, [ enhanced version available to lexis.com subscribers...