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Kea v. Meridian Security Insurance Co.

Court: ND Tx  12/10/2019  District Court Grants Severance of Extra-Contractual Claims but Denies Abatement Pending Resolution of Breach of Contract Claim

The court found that the insurer's settlement offer would create a danger of prejudice, warranting separate trials, but the court rejected the request that the trial on the extra-contractual claims be abated pending resolution of the breach of contract claim, finding that doing so would unnecessarily prolong the litigation.

homeowner's insurance policy, notion to sever, motion to abate, motion for separate trials, FRCP 42(b), Rule 42(b), FRCP 21, Rule 21

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