Cases

Third District Court of Appeal State of Florida Opinion filed July 14, 2021. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D21-105 Lower Tribunal Nos. 13-123SP and 20-84AP ________________ Right Choice Medical & Rehab Corp. a/a/o Evelyn Martinez,

ED CARNES, Chief Judge: Allstate Insurance Company and some of its affiliates (all of which we’ll refer to as “Allstate”) filed this lawsuit against multiple defendants, asserting claims for fraud, negligent misrepresentation, and unjust enrichment. The three defendants involved in this appeal — Best Care Medical Center, Inc., P.Y.C. Medical Center, Inc., and Florida Rehabilitat

POLSTON, J., dissenting. As explained by the Fifth District, Here, the Boozers did not settle with Stalley, nor were they held liable, for only their portion of liability, Rather, they were held liable for all of Hintz’s injuries resulting from the accident. Judgment was entered against them for oyer $11 million. That judgment is fully enforceable by Stalley and has various severe

PER CURIAM. We have for review the decision in Allstate Insurance Co. v. Martinez, 790 So.2d 1151 (Fla. 3d DCA 2001), in which the Third District affirmed the decision of the trial court.1 The parties were in dispute over whether a homeowner’s insurance policy appraisal clause required formal arbitration, governed by the Florida Arbitration Code. See id. at 1152. The Third Distr

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for supplementary uninsured motorist benefits, Wilfredo Martinez appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Raf-faele, J.), entered April 8, 2015, which, without a hearing, granted the petition, permanently stayed arbitration, and denied his cross motion to dismiss the proceeding. <

946 P.2d 240 (1997) 124 N.M. 36 1997-NMCA-100 Peggy MARTINEZ, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, a Foreign Insurance Corporation, Defendant-Appellee. No. 17561. Court of Appeals of New Mexico. August 20, 1997. Certiorari Denied September 30, 1997. David Graham, Law Firm of David Graham

PER CURIAM. As in Llaguno v. ARI Mutual Ins. Co., 719 So.2d 311 (Fla. 3d DCA 1998) and Perez v. Allstate Ins. Co., 709 So.2d 591, 591 (Fla. 3d DCA 1998), “[u]pon the sole condition that the insured[s] file [a] sworn proof of loss required by the policy in support of ... [their] claim for additional insured damages, the order below denying appraisal is reversed on the authority of Allstate Ins. Co. v. Si

COHEN, J. After being held liable for over $11 million in a personal injury action, Appellants, Allstate Insurance Company and Emily Boozer, sought equitable subrogation from Appellees Holmes Regional Medical Center (“HRMC”); Basil Theodotou, M.D.; Basil Theodotou, M.D., P.A.; David Pack-ey, M.D.; and Neurology Clinic, P.A. (collectively “the Medical Providers”). Appellants claim that the Medical Providers are subsequent tortf

ORDER ON DISPOSITIVE MOTIONS RICARDO S. MARTINEZ, District Judge. This matter comes before the Court on Defendant’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), Dkt. # 8, and Plaintiffs Motion for Partial Summary Judgment pursuant to Federal Rule of Civil Procedure 56. Dkt. # 10. For the reasons set forth below, the Court DENIES Defendant’s Motion to Dismiss, and GRANTS IN PA

961 P.2d 531 (1997) Richard MARTINEZ, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee. No. 96CA1799. Colorado Court of Appeals, Div. V. December 11, 1997. Rehearing Denied January 29, 1998. Certiorari Denied July 27, 1998. *532 Sears & Swanson, P.C., Victoria C. Swanson

ORDER ELIZABETH A. JENKINS, United States Magistrate Judge. Before the court are Plaintiffs Motion to Compel Deposition Testimony of Michael Andrews, II (Dkt.52)1, Defendants’ Amended Motion to Compel Production of Documents (Dkt.54), Plaintiffs Motion to Compel Non-Party Tidewell to Comply with Subpoenas (Dkt.55), Plaintiffs Motion to Compel Non-Parties VA Hospital

OPINION OF THE COURT Scott Fairgrieve, J. *795The plaintiff commenced this action to recover no-fault benefits for medical services provided to its assignor, Adam Rivera-Martinez, arising out of a motor vehicle accident on August 22, 2011. The plaintiff served the summons and complaint in April of 2012 and an answer was filed in M

188 P.3d 1156 (2008) 2008-NMSC-042 Joan FERRELL, Maria C. Cappuzzello, Elizabeth Martinez, and H. Jake Salazar, Plaintiffs-Petitioners, v. ALLSTATE INSURANCE COMPANY and Allstate Indemnity Company, Defendants-Respondents. No. 30,165. Supreme Court of New Mexico. June 6, 2008. Rehearing Denied July 17, 2008.

KUHN, J. |2The issue presented in this appeal is the validity of an uninsured/underinsured motorist bodily injury coverage form (“UM coverage form”), which purports to waive uninsured/underinsured motorist (“UM”) coverage, but bears the binder number on the application instead of a policy number.1 The trial court found that defendant, Allstate Insurance Company (“Allstate”), had not established th

255 P.3d 1099 (2011) Codiejo APODACA, n/k/a Codiejo Martinez, and Michelle I. Carlton, Petitioners v. ALLSTATE INSURANCE COMPANY, an Illinois insurance corporation, Respondent. No. 10SC39. Supreme Court of Colorado, En Banc. June 20, 2011. *1100 Hagens Berman Sobol Shapiro, LLP, Robert B. Carey Megan E. Waples, Colorado Springs,

In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (Nastasi, J.), entered June 4, 2003, which, sua sponte, denied the petition and dismissed the proceeding for failure to comply with CPLR 304 and 306. Ordered that the order and judgment is affirmed, without costs or disbursements.

VIGIL, Judge (dissenting). {53} Plaintiffs filed a motion for rehearing, and after considering the motion, I conclude that in our original opinion, we overlooked the applicable standards in determining whether, by their conduct, Plaintiffs waived their constitutional right to a jury trial. I would therefore grant rehearing, reverse, and remand with instructions to grant Plai

United States Court of Appeals For the First Circuit No. 22-1258 ALLSTATE INSURANCE COMPANY, Plaintiff, Appellee, v. JAMES FOUGERE, SARAH BRODY-ISBILL, A BETTER INSURANCE AGENCY, INC. a/k/a ABIA, Defendants, Appellants. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Jud

227 P.3d 73 (2010) 2010-NMSC-009 QUYNH TRUONG, Armie Sy, Miranda Daniele, Warren Hopper, Sandra Martinez, and Michael Martinez, Plaintiffs-Petitioners, v. ALLSTATE INSURANCE COMPANY, a foreign corporation, Susan Cary, and John Does 1-500, Defendants-Respondents, and Computer Sciences Corporation, Intervenor. No. 31,013. Supreme Court of New Mexico. M

232 P.3d 253 (2009) Codiejo APODACA, n/k/a Codiejo Martinez, and Michelle I. Carlton, Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, an Illinois Insurance Corporation, and Sandra H. Perkins, Defendants-Appellees. No. 08CA2231. Colorado Court of Appeals, Div. III. November 25, 2009. *255 The Carey Law Firm, Robert B. Carey,