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Free v. Allstate Indemnity Co.

Court: ED Tx  05/27/2021  District Court Dissolves State Court Summary Judgment Pending Later-Filed Class Certification Request

In an issue of first impression, the district court dissolved an insured's state court summary judgment ruling and allowed her later filed class certification motion to proceed in order to avoid the bar on one-way intervention because otherwise class members would have been able to take advantage of the favorable summary judgment ruling despite the insurer not knowing about the members of the class at the time of the motion.

homeowners insurance policy, fire, total loss, class action, Rule 23, one-way intervention, summary judgment, dissolve

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