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5th Circ. Asked To Reconsider Liberty $1M Recoup Judgment
Law360 (February 11, 2021, 9:17 PM EST) A Fifth Circuit panel skipped a step in its review when it reversed a Mississippi judge s ruling that Liberty Mutual couldn t recoup a $1 million payment toward the settlement of two lawsuits over a fatal accident, an error that needs a full court rehearing, policyholder Darling Ingredient Inc. has claimed.
In a Wednesday motion for rehearing en banc, food ingredient company Darling said a three-judge panel of the appeals court failed to determine whether the Mississippi federal judge s interpretation of an endorsement in a $2 million business auto policy issued by Liberty Mutual Fire Insurance Co. interpreted the plain language of.
The Fifth Circuit ruled Wednesday that a Liberty Mutual unit can recoup its $1 million payment toward a settlement of two lawsuits over a fatal accident involving one of policyholder Darling Ingredients Inc.'s transportation contractors, finding that Darling was required to pay that sum as a deductible.
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