Hart et al v. Safeco Insurance Co et al
Plaintiff: Juanita Hart and Devon Hart Barron
Defendant: Safeco Insurance Co, Liberty Mutual Insurance Company, First National Insurance Company of America and American Auto Club Ins Agency
Case Number: 2:2016cv02777
Filed: August 9, 2016
Court: US District Court for the District of South Carolina
Office: Charleston Office
County: Charleston
Presiding Judge: Richard M Gergel
Nature of Suit: Insurance
Cause of Action: 28:1446
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
May 11, 2017 Opinion or Order Filing 84 ORDER IT IS ORDERED that the Court's order of February 14,2017 (Dkt. No. 62 ) is VACATED and this action is hereby DISMISSED WITHOUT PREJUDICE. ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated.AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 5/11/2017. (sshe, )
April 18, 2017 Opinion or Order Filing 79 ORDER AND OPINION granting in part and denying in part 78 Defendant's Motion. The Court GRANTS IN PART AND DENIES IN PART Defendant's motion to quash deposition notice and for a protective order (Dkt. No. 78). The Court MODIFIES the subpoena of Defendant's Rule 30(b)(6) representative to remove the requirement that the deponent produce documents. The motion is otherwise DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/18/2017.(sshe, )
February 14, 2017 Opinion or Order Filing 62 ORDER granting 57 Defendants' Motion for partial Summary Judgment on Plaintiffs' second cause of action (breach of contract) and third cause of action (bad faith). Further, the Court GRANTS summary judgment for Def endants on Plaintiffs' sixth cause of action (equitable estoppel) and GRANTS summary judgment for Defendants on Plaintiffs' fourth cause of action (negligent misrepresentation) and fifth cause of action (promissory estoppel) to the extent t hose causes of action seek damages for Defendants' refusal to provide insurance coverage of the February 1, 2016 accident. The Court REMANDS this action to the Charleston County Court of Common Pleas. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/14/2017.(sshe, )
December 19, 2016 Opinion or Order Filing 53 ORDER AND OPINION The Court DENIES Safeco's 34 motion to dismiss. However, the Court finds that the entity issuing the insurance policy at issue in this coverage action is an indispensable party under Rule 19(a)(1) of t he Federal Rules of Civil Procedure. The Court therefore ORDERS Plaintiffs to join First National as a defendant in this action within twenty-one days of the date of this Order. Fed. R. Civ. P. 19(a)(2). Any previously asserted claims asserted against First National will relate back to the date of the original complaint. See Fed. R. Civ. P. 15(c)(1)(B)-(C). AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/19/2016.(sshe, )
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Plaintiff: Juanita Hart
Represented By: Joseph Rutledge Young, Jr
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Plaintiff: Devon Hart Barron
Represented By: Joseph Rutledge Young, Jr
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Defendant: Safeco Insurance Co
Represented By: Thomas Brian Boger
Represented By: Morgan S Templeton
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Defendant: Liberty Mutual Insurance Company
Represented By: Thomas Brian Boger
Represented By: Morgan S Templeton
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Defendant: First National Insurance Company of America
Represented By: Thomas Brian Boger
Represented By: Morgan S Templeton
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Defendant: American Auto Club Ins Agency
Represented By: Andrew Wesley Countryman
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