A Federal Court in Oklahoma granted an insurance company's preemptive motion to strike all class claims from the complaint filed against it. By filing its motion to strike, the insurance carrier defendant effectively sought to deny class certification at the pleading stage.
The District Court granted the insurance company's motion to strike in that case but withheld decision on whether the insurance company or the policyholder had the burden of proof at that stage. The Court granted what it described as the insurance company's preemptive motion because whether the insurance company or the policyholder bore the burden of proof, "Hanover's motion should be granted …." Hockenbury v. Hanover Ins. Co., No. CIV-15-1003-D, 2016 WL 552967, at *3 (W.D. Okla. February 10, 2016).
Please Read The Disclaimer. ©2016 by Dennis J. Wall, author of Litigation and Prevention of Insurer Bad Faith (3d ed. Thomson Reuters West in 2 Volumes, with Supplements). All rights reserved.
Comments